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{{org_field_name}}

Registration Number: {{org_field_registration_no}}

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Consent to Care Policy

1. Purpose

This policy outlines the approach of {{org_field_name}} to ensuring that consent to care is obtained lawfully, ethically, and in line with the Regulation and Inspection of Social Care (Wales) Act 2016, the Social Services and Well-being (Wales) Act 2014, the Mental Capacity Act 2005, and relevant Care Inspectorate Wales (CIW) guidance. The policy ensures that all residents’ rights to make informed decisions about their care are upheld and respected, promoting dignity, autonomy, and person-centred care. It provides clear guidance to staff and CIW inspectors on how our care home efficiently manages consent to care processes.

2. Scope

This policy applies to all staff, management, residents, and their representatives within {{org_field_name}}. It governs all aspects of consent to care, including personal care, medical interventions, daily living activities, and changes to care plans. It also applies to situations where residents may lack capacity, ensuring decisions are made in their best interests in line with legal frameworks.

3. Legal and Regulatory Framework

• Regulation and Inspection of Social Care (Wales) Act 2016 – Establishes the legal requirements for obtaining and documenting consent.
• Social Services and Well-being (Wales) Act 2014 – Reinforces person-centred care and individual autonomy.
• Mental Capacity Act 2005 – Provides the legal framework for decision-making when a person lacks capacity.
• Deprivation of Liberty Safeguards (DoLS) – Ensures individuals are not unlawfully deprived of their liberty.
• CIW Guidance on Consent and Capacity – Sets expectations for care providers regarding consent practices.

4. Principles of Consent to Care

4.1. Obtaining Informed Consent At {{org_field_name}}, all consent to care is obtained in a lawful and ethical manner, ensuring that:

• Residents receive clear, accessible information about their care options, risks, and benefits before giving consent.
• Consent is obtained voluntarily, without coercion, undue influence, or pressure.
• Consent is specific, informed, and time-bound, ensuring residents understand what they are agreeing to.
• Residents have opportunities to ask questions and seek clarification before making decisions.
• Verbal and written consent is recorded accurately in residents’ care plans and reviewed periodically.

4.2. Capacity to Consent Our care home follows the principles of the Mental Capacity Act 2005 to assess a resident’s ability to consent. We ensure that:

• Capacity assessments are conducted when there is doubt about a resident’s ability to make a specific decision.
• The presumption of capacity is upheld, meaning all individuals are assumed capable unless proven otherwise.
• Residents are supported to make their own decisions through accessible communication methods, including visual aids and interpreters if needed.
• Where a resident lacks capacity, decisions are made in their best interests, following legal frameworks and involving appropriate parties such as family members and advocates.

4.3. Best Interests Decision-Making If a resident is deemed to lack capacity, decisions about their care are made in their best interests, ensuring that:

• Family members, advocates, or legal representatives are involved in the decision-making process.
• Consideration is given to the resident’s past and present wishes, feelings, beliefs, and values.
• A multidisciplinary approach is taken, involving healthcare professionals and legal representatives when necessary.
• The least restrictive option is always considered to preserve autonomy.

4.4. Documentation and Record-Keeping To ensure transparency and compliance with CIW requirements, all consent-related processes are documented meticulously. This includes:

• Signed consent forms for significant care interventions, stored securely in residents’ care records.
• Capacity assessments and best interests decisions recorded in detail, demonstrating compliance with legal frameworks.
• Regular reviews of consent, ensuring ongoing agreement and changes in capacity or preferences are accounted for.

4.5. Right to Withdraw Consent Residents have the right to withdraw consent at any time. We ensure that:

• Residents are informed of their right to withdraw consent and how they can do so.
• Care is adjusted immediately following a withdrawal of consent.
• Documentation is updated to reflect the change, ensuring all staff are aware.
• Residents are provided with alternative care options where applicable.

4.6. Deprivation of Liberty Safeguards (DoLS) In situations where care arrangements may amount to a deprivation of liberty, we ensure compliance with DoLS by:

• Identifying cases where restrictions may exceed what is necessary for safety.
• Making timely applications for DoLS authorisations to the relevant local authority.
• Ensuring that any restrictions imposed are proportionate and necessary to protect the individual.
• Reviewing DoLS authorisations regularly to ensure ongoing necessity.

4.7. Consent in Emergency Situations In emergencies where immediate action is required to protect a resident’s life or prevent serious harm:

• Staff act in accordance with duty of care, providing necessary interventions to ensure safety.
• Where possible, family members or advocates are consulted.
• All emergency interventions and rationale are recorded and reported to the Registered Manager.
• Post-emergency, staff review and discuss care preferences with the resident or their representative.

4.8. Training and Staff Competency To ensure staff fully understand and apply consent principles, we:

• Provide mandatory training on consent, capacity, and DoLS for all staff.
• Conduct regular competency assessments to ensure staff knowledge is up to date.
• Include consent and capacity considerations in supervision and appraisal sessions.
• Encourage a culture of respect for residents’ decision-making rights through continuous professional development.

5. Related Policies

• CHW07: Person-Centred Care Policy
• CHW08: Dignity and Respect Policy
• CHW13: Safeguarding Adults from Abuse and Improper Treatment Policy
• CHW19: Emergency and Business Continuity Plan
• CHW27: Staff Supervision, Training, and Development Policy
• CHW34: Confidentiality and Data Protection (GDPR) Policy
• CHW39: Mental Capacity and Deprivation of Liberty Safeguards Policy

6. Policy Review

This policy will be reviewed annually or sooner if changes in legislation, CIW regulations, or operational needs occur. Updates will be communicated to all relevant staff to ensure compliance and best practice within {{org_field_name}}.

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Responsible Person: {{org_field_registered_manager_first_name}} {{org_field_registered_manager_last_name}}
Reviewed on: {{last_update_date}}
Next Review Date: {{next_review_date}}
Copyright © {{current_year}} – {{org_field_name}}. All rights reserved.