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{{org_field_name}}

Registration Number: {{org_field_registration_no}}

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Consent to Care and Treatment Policy

1. Purpose

The purpose of this Consent to Care and Treatment Policy is to ensure that all temporary workers employed by {{org_field_name}}, including registered nurses, healthcare assistants, and support staff, understand and apply the legal, ethical, and professional requirements relating to obtaining valid consent from clients when providing care and treatment. Respecting and promoting the autonomy of individuals is fundamental to providing safe, person-centred, and lawful care. This policy sets out the principles and procedures temporary workers must follow when obtaining consent, ensuring compliance with The Health and Social Care Act 2008 (Regulated Activities) Regulations 2014, The Mental Capacity Act 2005, The Human Rights Act 1998, The Equality Act 2010, and relevant guidance from the Care Quality Commission (CQC) and the Nursing and Midwifery Council (NMC). Consent is a legal requirement and a core aspect of safeguarding, dignity, and good practice. This policy also outlines how {{org_field_name}} manages this area efficiently under the leadership of the director.

2. Scope

This policy applies to:

• All temporary workers employed by {{org_field_name}} under zero-hours or casual contracts
• All client settings, including nursing homes, residential care homes, and any other healthcare or social care environments where temporary workers are assigned
• All forms of care and treatment provided or assisted with by temporary workers, including personal care, clinical interventions, nutrition, hydration, and the administration of medication
• All office and management staff responsible for coordinating placements and overseeing the performance of temporary workers

3. Related Policies

• Safeguarding Adults and Children Policy
• Mental Capacity and Deprivation of Liberty Safeguards Policy
• Record Keeping and Confidentiality Policy
• Code of Conduct for Temporary Workers
• Complaints Policy
• Incident Reporting and Management Policy
• Equality, Diversity and Inclusion Policy

4. Definition of Consent

Consent is the voluntary agreement of an individual to receive care, treatment, or intervention. Consent must be:

• Given voluntarily, without coercion or undue influence
• Informed, meaning the individual understands the nature, purpose, and potential risks and benefits of the care or treatment
• Given by a person with capacity to make the decision

Consent may be expressed:

• Verbally (spoken agreement)
• Non-verbally (by gestures or cooperation)
• In writing (usually in the case of invasive procedures, clinical treatments, or where required by the client organisation)

Consent applies to all levels of care, including routine personal care tasks, such as helping with dressing, eating, or mobility, as well as clinical procedures.

5. Legal Framework

This policy is underpinned by:

• The Mental Capacity Act 2005, including the five statutory principles and best interest decision-making
• The Health and Social Care Act 2008 (Regulated Activities) Regulations 2014, Regulation 11 (Need for Consent)
• The Human Rights Act 1998, respecting the right to private and family life, dignity, and autonomy
• The Equality Act 2010, ensuring that consent processes are non-discriminatory and inclusive
• CQC’s Fundamental Standards
• The NMC Code (for registered nurses)

6. Temporary Workers’ Responsibilities

Temporary workers must:

• Obtain valid consent before providing any care or treatment
• Ensure the client has all relevant information to make an informed decision
• Confirm that the client has capacity to consent at the time of the intervention
• Respect a client’s right to decline or withdraw consent at any time, even if previously agreed
• Seek guidance from senior client staff if a client lacks capacity or if consent is unclear
• Document consent in line with client procedures and, where applicable, {{org_field_name}}’s documentation requirements
• Immediately report concerns where they believe consent has not been properly obtained by others

7. Types of Consent in Practice

7.1 Implied Consent

Implied consent is given when a client willingly cooperates with care without verbalising consent, for example:

• Offering an arm for assistance
• Nodding in agreement
• Moving to assist with a dressing change While implied consent is common in routine care, workers must still check verbally if the client is happy to proceed.

7.2 Verbal Consent

Verbal consent is appropriate where:

• The care or treatment is non-invasive and routine
• The client understands the care proposed
• The client is able to express consent clearly

Example: A client says “yes” when asked if they would like help with personal care.

7.3 Written Consent

Written consent may be required where:

• The client organisation’s policy specifies it (e.g., for invasive procedures)
• Significant risks are involved
• The client has requested to document their decision

Temporary workers must follow client policies regarding written consent and ensure that signatures are obtained properly when applicable.

8. Capacity and Consent

Under the Mental Capacity Act 2005, temporary workers must:

• Assume that clients have capacity unless there is evidence to suggest otherwise
• Support clients to make their own decisions by providing information in an accessible format and offering additional time or support if needed
• Recognise that capacity is decision-specific and time-specific
• Understand that a client may have capacity for some decisions but not others
• Refer to the client’s senior staff if concerns about capacity arise

8.1 Clients Who Lack Capacity

If a client lacks capacity, temporary workers must:

• Refer the matter to a registered nurse, manager, or authorised client representative
• Follow the client’s Mental Capacity and Best Interest Decision-Making processes
• Never make best interest decisions independently unless authorised to do so
• Document all observations and actions taken clearly

Temporary workers must never assume consent in the absence of capacity or fail to consult the appropriate decision-makers.

9. Refusal of Consent

Temporary workers must:

• Respect a client’s decision to refuse care or treatment, even if this is perceived as unwise
• Reassure the client and offer alternative options where possible
• Report refusals to the client’s designated senior person and {{org_field_name}} immediately, especially where health and safety concerns arise
• Document the refusal, the information given to the client, and the actions taken

10. Consent and Safeguarding

Temporary workers must:

• Distinguish between consent and safeguarding. A client who refuses care but is not at immediate risk has the right to do so
• Report immediately if refusal places the client or others at serious risk (e.g., refusing essential medication leading to self-neglect)
• Report any situation where consent is gained through coercion, intimidation, or manipulation following {{org_field_name}}’s Safeguarding Policy

11. Consent and Communication Needs

Temporary workers must:

• Adapt communication methods to suit clients with sensory impairments, learning disabilities, or communication difficulties
• Use simple language, visual aids, or communication aids if necessary
• Involve interpreters or advocates when appropriate
• Allow time for clients to process information and make decisions
• Recognise and respect non-verbal communication when seeking consent

12. Documentation and Record Keeping

Temporary workers must:

• Record how consent was obtained, including the method (implied, verbal, written) and any relevant information provided to the client
• Document any refusal of consent and actions taken in response
• Follow the documentation procedures of the client organisation
• Treat all records as confidential, in line with the Data Protection Act 2018 and GDPR

13. Training

{{org_field_name}} will:

• Provide all temporary workers with mandatory induction training on consent, capacity, and the Mental Capacity Act 2005
• Include refresher training within the annual training plan or earlier if required by changes in law or after incidents
• Ensure that registered nurses are aware of the NMC’s expectations regarding obtaining consent

Temporary workers must:

• Complete consent and capacity training before taking assignments
• Seek advice if unsure about consent procedures during assignments
• Engage in reflective practice regarding consent as part of supervision and appraisal processes

14. Director’s Responsibilities

In the absence of a registered manager, the director of {{org_field_name}} will:

• Ensure this policy is implemented, monitored, and reviewed
• Oversee training delivery on consent and capacity for all temporary workers
• Review incidents, complaints, or concerns regarding consent breaches and take appropriate action
• Liaise with client organisations and regulators where consent issues arise
• Promote a culture of person-centred, lawful care, and informed decision-making

15. Working with Client Organisations

{{org_field_name}} will:

• Ensure temporary workers are familiar with client-specific consent procedures during induction
• Support client organisations to maintain compliance with CQC Fundamental Standards related to consent
• Cooperate fully with client organisations during safeguarding investigations or audits involving consent issues
• Promote shared learning following incidents related to consent

16. Continuous Improvement

The director will:

• Review this policy at least annually or sooner if prompted by legal or regulatory changes
• Analyse incident reports, complaints, and client feedback to identify learning opportunities
• Update training and supervision materials as needed to improve staff knowledge and practice regarding consent
• Promote open discussion about consent, capacity, and best-interest decision-making during supervision and team meetings

17. Policy Review

This policy will be reviewed annually by the director of {{org_field_name}} or sooner if required by changes in law, best practice, or regulatory guidance. All changes will be communicated promptly to all staff and client organisations.

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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.