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{{org_field_name}}

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Policy Statement

It has always been the policy of {{org_field_name}} to empower people who use services to lead their own lives, enabling them to exercise choice and to maximise their independence, while offering them the care and support that they need. This involves obtaining agreement in respect of any proposals or plans for their care and treatment and making sure that such agreements are fully recorded.

The service’s approach to obtaining consent reflects our acceptance of people’s human rights and person-centred care principles that underpin the national health and care standards, My Support, My Life, particularly the standards for section 2. “I am fully involved in all decisions about my care and support”.

{{org_field_name}} will consider that everyone is competent to take their own decisions about their care and support needs unless it can be shown otherwise. It uses the criteria provided in the Mental Welfare Commission’s Good Practice Guide, Consent to Treatment (2017) which considers that valid consent is given when it is:

• given freely, without duress or coercion
• given by someone who is legally capable (or competent) of consenting
• specific and covers the care and support that has been proposed and planned
• informed, ie the person understands what is involved
• definite and lasting, ie the person agrees that what is being proposed is right for them at the time, and this will continue, but any changes to the plan will also require their consent.

If any of these conditions are not met, a person might not be giving their valid consent.

{{org_field_name}} then makes sure that anyone who might not have the mental capacity to give informed valid consent about any care and treatment proposed is properly assessed in line with the requirements of the Adults with Incapacity (Scotland) Act 2000.

If from the assessment the person cannot give his or her informed consent because of mental incapacity, a decision will be taken in line with Incapacity Act procedures.

To make sure that a decision is in line with a person’s interests, {{org_field_name}} will always encourage and enable the person to have the services of an independent advocate if needed. In all decision making the person’s rights will always be fully protected.

Consent Decision-making Procedures

{{org_field_name}} takes the following actions to make sure that people who use services are always giving their consent to decisions about their care and treatment.

1. People who use services and their representatives are asked to read and sign all basic agreements about their care and treatment such as their contract or statement of terms and conditions. They will be consulted on any proposed changes to these and their consent sought.
2. Where the person’s care and treatment plans have been made on their behalf because of their mental incapacity the fact that they have not been able to give their valid consent is fully recorded and all measures taken to ensure their welfare will also be fully documented.
3. People who use services (and/or their lawful representatives) are always asked to sign their plan of care as an indication that they agree with the services being proposed to meet their needs, which include personal, health (including medication), social, psychological and spiritual needs.
4. Any proposed changes to the plans of care are always discussed with the people who use services and their representatives to obtain their consent, which is then recorded on the personal plan or review form. Agreements and signatures are always obtained following regular reviews.
5. Where it is considered that the care and treatment provided might restrict a person’s ability to exercise choice or their freedom of movement, such as when bed rails are proposed, their written consent is always obtained or an incapacity decision fully recorded.
6. Where verbal consent is being sought for what are usually day-to-day care and treatment proposals or changes, the reasons for the need to seek consent, the fact that it has been obtained, and how, are all recorded on the person’s personal plan.
7. People’s consent is always sought in relation to any proposed participation in the social and community activities organised or facilitated by {{org_field_name}}. Consent is obtained either directly from the person or as a personal welfare decision taken in discussion with their relatives and representatives.
8. {{org_field_name}} expects other healthcare professionals such as GPs and community nurses to be responsible for seeking consent for any care and treatment that they provide. {{org_field_name}} will help to implement their decisions on the basis that the person has given their consent to the proposed treatment or a mental incapacity welfare decision has been taken. {{org_field_name}} will check that this has been the case and make sure that the relevant consent decision has been recorded.
9. Where the user or {{org_field_name}} proposes to administer “homely remedies” or non-prescription medication, it will obtain and record the consent of the person and follow all relevant administration of medication procedures.
10. Any refusal to give consent or difficulty in obtaining it because of suspected mental incapacity is recorded on the person’s care plan together with an account of the actions taken to address the consequences of the decision or difficulty. The person’s decision to refuse consent is always fully respected.
11. {{org_field_name}} encourages and enables anyone who might be undecided though able to give a valid consent or who might lack the capacity to give their informed consent to have the services of an independent advocate or representative.
12. If a person receiving care provides {{org_field_name}} with any advance decisions about wishing to refuse care and treatment in the event of a loss of mental capacity, these will be disclosed under the appropriate circumstances so that a decision is made in line with the person’s wishes.
13. Consent is always sought if any proposal or request is made to take part in any research project and anyone who cannot give their informed consent about taking part will be subject to full mental incapacity welfare decision taking.

Training

Consent issues are covered in {{org_field_name}}’s induction programmes.

{{org_field_name}} provides training in the decision taking for mental incapacity for all care staff. However, it allows only staff who have completed the training, and have shown that they are competent to take part in mental incapacity decision-making in relation to people who cannot give their informed consent.

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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}}

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