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{{org_field_name}}
Registration Number: {{org_field_registration_no}}
Consent to Care and Treatment Policy
1. Purpose
At {{org_field_name}}, we are dedicated to ensuring that all service users receive care and treatment that respects their rights, autonomy, and individual preferences. This policy sets out our commitment to obtaining valid consent before providing care or treatment, ensuring that decisions are made in the best interests of the individual and in line with legal and regulatory requirements.
1.1 Upholding Service Users’ Rights to Make Informed Decisions
Every individual has the fundamental right to make informed decisions about their own care and treatment. This policy ensures that:
- Service users are provided with clear, accessible, and relevant information about their care options, including benefits, risks, and alternatives.
- Decisions are made voluntarily, without coercion or undue influence.
- Consent is specific and time-limited, meaning it applies only to the agreed-upon care or treatment at that time.
- Individuals have the right to refuse or withdraw consent at any time, even if this may result in harm to themselves.
- Where necessary, appropriate communication aids (e.g., easy-read materials, interpreters, advocates) are used to ensure the service user fully understands their choices.
1.2 Compliance with Legal and Regulatory Requirements
This policy ensures that the organisation complies with all relevant legislation and best practice guidelines, including:
- Health and Social Care Act 2008 (Regulated Activities) Regulations 2014 – Regulation 11 (Need for Consent): Care and treatment must only be provided with the consent of the individual, except in cases where legal exceptions apply.
- Mental Capacity Act 2005 and Code of Practice: If a person lacks the mental capacity to consent, decisions must be made in their best interests following the statutory framework.
- Human Rights Act 1998 (Article 8: Right to Private and Family Life): Individuals have the right to make decisions about their care without unnecessary interference.
- Care Act 2014: Emphasises person-centred care and decision-making.
- Equality Act 2010: Ensures individuals are not discriminated against in the consent process due to disability, language barriers, or other factors.
- General Data Protection Regulation (GDPR) and Data Protection Act 2018: Ensures that consent is obtained for processing and sharing personal and health data.
- Deprivation of Liberty Safeguards (DoLS) under the Mental Capacity Act 2005: Where a person lacks capacity and is subject to restrictive care measures, appropriate legal authorisation must be in place.
By aligning with these legal frameworks, {{org_field_name}} ensures that all staff act lawfully, ethically, and in the best interests of the individuals they support.
1.3 Commitment to Person-Centred Care
At the core of our approach is person-centred care, meaning that each service user is treated as an individual with unique needs, preferences, and values. This policy supports this commitment by ensuring that:
- Service users are actively involved in decisions about their care.
- Care plans are developed in collaboration with the individual, their family, and legal representatives (where applicable).
- Staff are trained to respect individual choices and provide appropriate support to help service users make informed decisions.
- Consent is regularly reviewed and updated to reflect any changes in the service user’s preferences or circumstances.
2. Scope
This policy applies to all employees and representatives of {{org_field_name}} who are involved in the provision of Supported Living services. It ensures that every staff member understands their role in obtaining, documenting, and respecting service users’ consent before providing care or treatment.
The policy applies to:
2.1 Care Workers and Support Staff
Care workers are responsible for:
- Obtaining consent before delivering personal care, support, or treatment.
- Providing service users with information about their care in an accessible and understandable way.
- Recognising when a service user lacks capacity and following the Mental Capacity Act 2005 framework.
- Respecting a service user’s right to refuse care and reporting refusals appropriately.
- Documenting consent properly in care records, ensuring it is up to date and reviewed when necessary.
2.2 Managers and Senior Staff
The registered manager and senior management have an essential role in ensuring that staff understand and comply with consent policies. Their responsibilities include:
- Training and supervising staff on consent procedures, ensuring compliance with legal frameworks.
- Monitoring and auditing consent records to ensure proper documentation and compliance.
- Ensuring best interest decisions are made appropriately when a service user lacks capacity.
- Providing guidance to care workers when consent is refused or withdrawn.
- Engaging with families, advocates, and legal representatives in cases where the service user lacks capacity.
2.3 Administrative and Office Staff
While administrative staff may not provide direct care, they may handle consent-related documentation and communications. Their role includes:
- Maintaining accurate records of consent forms and legal documents (e.g., Lasting Power of Attorney, advance decisions).
- Ensuring data protection compliance when handling service users’ personal and medical information.
- Coordinating with care teams to ensure consent documentation is up to date.
2.4 Other Professionals and External Partners
This policy also applies to any external professionals working with {{org_field_name}}, including:
- Healthcare professionals (e.g., GPs, nurses, occupational therapists) involved in care planning and consent discussions.
- Independent Mental Capacity Advocates (IMCAs) who may be required when a service user lacks capacity and has no family to support them.
- Legal representatives (e.g., Lasting Power of Attorney, Court-Appointed Deputies) who must be consulted when making decisions for service users who lack capacity.
3. Legal and Regulatory Framework
This policy aligns with:
- Health and Social Care Act 2008 (Regulated Activities) Regulations 2014 – Regulation 11 (Need for Consent)
- Mental Capacity Act 2005 and its Code of Practice
- The Human Rights Act 1998 (Article 8: Right to Private and Family Life)
- Equality Act 2010
- Care Act 2014 (ensuring person-centred care and decision-making)
- General Data Protection Regulation (GDPR) and Data Protection Act 2018 (for consent relating to personal information)
- Deprivation of Liberty Safeguards (DoLS) under the Mental Capacity Act 2005 for individuals deprived of their liberty in their best interests
4. Principles of Consent
At {{org_field_name}}, we recognise that obtaining valid and meaningful consent is fundamental to providing safe, ethical, and person-centred care. The following principles guide our approach to obtaining and managing consent:
4.1 Consent Must Be Voluntary
Service users must give consent freely, without coercion, undue pressure, or manipulation from staff, family members, or others.
Staff must create a supportive environment where individuals feel comfortable making their own decisions.
If there are concerns about undue influence (e.g., family members pressuring a service user), staff must take steps to ensure the person’s autonomy is respected.
4.4 Consent Must Be Informed
Service users must receive sufficient, relevant, and accessible information to make an informed decision about their care.
Information should include:
- The nature and purpose of the care or treatment.
- The potential benefits and risks of the care or treatment.
- Any alternative options available.
- The right to refuse or withdraw consent at any time.
Staff must ensure that information is provided in a way the service user can understand, using:
- Easy-read documents, pictorial guides, and large print materials.
- Interpreters, sign language, or communication aids where needed.
- Advocates or family members (if appropriate and with consent).
4.3 Consent Must Be Specific and Time-Limited
Consent applies only to the specific care, treatment, or intervention agreed upon at that time.
If new treatments or changes in care arise, fresh consent must be obtained.
Consent must be regularly reviewed and updated, especially if:
- The person’s health condition changes.
- They are offered new treatment options.
- Their circumstances or preferences evolve.
4.4 Capacity Must Be Assessed When Necessary
If there is any doubt about a service user’s ability to consent, staff must follow the Mental Capacity Act 2005 (MCA) two-stage test:
Stage 1: Does the person have an impairment or disturbance in the functioning of their mind or brain (e.g., dementia, learning disability, mental illness)?
Stage 2: Does this impairment prevent them from:
Understanding the relevant information?
Retaining the information long enough to make a decision?
Weighing up the options and consequences?
Communicating their decision (verbally, in writing, or through gestures)?
If the person lacks capacity, a best interests decision must be made following the MCA guidelines.
4.5 Consent Is Ongoing and Can Be Withdrawn at Any Time
A service user has the right to change their mind and withdraw consent at any time.
If consent is withdrawn:
- Staff must respect the decision and stop the care or treatment.
- The withdrawal of consent must be clearly documented in the person’s care records.
- Staff must discuss any potential risks or consequences of withdrawal and offer alternative solutions.
- If the withdrawal of consent poses a safeguarding risk, staff must follow safeguarding protocols and involve relevant professionals (e.g., GP, social worker).
5. Decision-Making Procedures for Service Users
At {{org_field_name}}, we are committed to supporting service users in making informed decisions about their care and treatment. Decision-making must always prioritise the individual’s rights, preferences, and legal safeguards. This section outlines the steps taken to ensure decisions are made appropriately, particularly when a service user has difficulties in understanding, retaining, or communicating their choices.
5.1 Supporting Decision-Making with Accessible Information
To empower service users to make informed choices, staff must:
- Provide clear, relevant, and accessible information about care and treatment options.
- Ensure information is tailored to the individual’s needs, using:
- Easy-read documents, pictorial guides, or videos for those with learning disabilities.
- Large print or Braille for individuals with visual impairments.
- Sign language interpreters or speech-to-text services for those with hearing impairments.
- Bilingual staff, translation services, or cultural mediators for non-English speakers.
- Advocates or family support (if appropriate and with the service user’s consent).
- Allow sufficient time for the individual to process information and make a decision.
- Encourage open discussions so service users feel comfortable asking questions or expressing concerns.
5.2 Assessing Capacity Using the Mental Capacity Act (MCA) Two-Stage Test
If there is any doubt about a service user’s ability to consent, staff must conduct a Mental Capacity Assessment following the two-stage test under the Mental Capacity Act 2005:
Stage 1: Is there an impairment or disturbance in the functioning of the mind or brain?
- This may include conditions such as:
- Dementia or Alzheimer’s disease.
- Learning disabilities.
- Brain injuries or strokes.
- Severe mental health conditions.
- The effects of medication, alcohol, or drugs.
Stage 2: Does this impairment prevent the person from making a specific decision?
The service user is considered to lack capacity if they cannot:
- Understand the relevant information about the decision.
- Retain the information long enough to consider it.
- Weigh up the advantages, disadvantages, and consequences.
- Communicate their decision (verbally, in writing, or through gestures).
Important Notes:
- Capacity is decision-specific – a person may have capacity for some decisions but not others.
- Lack of capacity must not be assumed based on age, disability, or medical condition.
- If a service user is deemed to lack capacity, a best interests decision must be made.
5.3 Best Interests Decision-Making When Necessary
If a service user lacks capacity, staff must ensure that any decisions made on their behalf are in their best interests. This process follows the MCA best interests checklist, including:
- Considering the service user’s past and present wishes, feelings, values, and beliefs.
- Consulting with family members, close friends, and carers, unless the person has expressed a wish not to involve them.
- Seeking input from health and social care professionals (e.g., GPs, social workers, nurses).
- Exploring less restrictive options before making a decision.
- Appointing an Independent Mental Capacity Advocate (IMCA) if the person has no family or friends to represent them.
If the decision relates to significant care restrictions (e.g., continuous supervision), a Deprivation of Liberty Safeguards (DoLS) authorisation may be required.
5.4 Involvement of Legal Representatives (LPA or Court-Appointed Deputy)
If a service user has a legal representative responsible for health and welfare decisions, staff must:
- Verify the legal status of the representative by checking Lasting Power of Attorney (LPA) for Health and Welfare or a Court-Appointed Deputyship.
- Consult the LPA or Deputy before making decisions about care and treatment.
- Ensure the representative’s decisions align with the best interests of the service user and are within their legal authority.
- Document all interactions with the LPA or Deputy, including the decisions made and the rationale.
Important Notes:
- If there is a dispute between the care provider and the legal representative, legal advice or involvement of the Court of Protection may be necessary.
- A Property and Financial Affairs LPA does not have authority over health and welfare decisions unless explicitly granted.
5.5 Right to Refuse Care and Associated Procedures
Service users with capacity have the absolute right to refuse care or treatment, even if their decision may result in harm. Staff must:
- Respect the decision and not attempt to coerce or pressure the individual.
- Document the refusal clearly in the care records, including any reasons given by the service user.
- Explore alternative solutions that may be more acceptable to the individual.
- Ensure the person understands the consequences of refusing care (e.g., increased health risks).
- Report concerns to the appropriate professionals (e.g., GP, social worker) if refusal of care poses a serious risk.
Exception: If a person lacks capacity and refusing care would cause significant harm, a best interests decision must be made, and safeguarding procedures may apply.
Summary of the Decision-Making Process:
Step | Action |
1. Support Decision-Making | Provide clear, accessible, and relevant information to help the person decide. |
2. Assess Capacity | If in doubt, conduct the MCA two-stage test to determine capacity. |
3. Best Interests Decision | If the person lacks capacity, make decisions following the MCA best interests framework. |
4. Involve Legal Representatives | Consult LPAs or Court-Appointed Deputies if applicable. |
5. Respect the Right to Refuse Care | If the person has capacity, their decision must be respected and recorded. |
6. Obtaining and Documenting Consent
Consent must be appropriately obtained, clearly recorded, and regularly reviewed to ensure it remains valid and reflects the service user’s current wishes and needs.
6.1 Explanation of Care, Risks, and Alternatives
Before obtaining consent, staff must ensure that the service user has received a full explanation of their care, support, or treatment, including:
a. Nature of the Care or Treatment
- A clear description of the care or treatment being proposed (e.g., personal care, medication administration, mobility assistance).
- What the care involves, how it will be provided, and who will be delivering it.
b. Potential Benefits and Risks
- Explanation of how the care or treatment will support the service user’s health, well-being, or independence.
- Any potential risks, side effects, or discomforts associated with the care.
- How risks can be minimised through safe care practices.
c. Available Alternatives
- Other care or treatment options that may be available, allowing the service user to make an informed decision.
- The option to refuse care and any potential consequences of refusal (without coercion).
- If the individual refuses, alternative solutions should be discussed where possible.
Staff must ensure that:
✔ The information is provided in a clear, jargon-free, and accessible format.
✔ The service user has the opportunity to ask questions and receive further clarification.
✔ Consent is obtained voluntarily, without pressure or undue influence.
6.2 Types of Consent: Verbal, Written, and Implied
Consent can be expressed in different ways, and the method of obtaining it depends on the type of care being provided.
a. Verbal Consent
- Given orally by the service user (e.g., “Yes, I am happy for you to assist me with my medication”).
- Acceptable for routine, low-risk care tasks, such as assistance with dressing or meal preparation.
- Must be documented in the service user’s records to confirm that consent was obtained.
b. Written Consent
- Obtained through a signed consent form or care plan agreement.
- Required for significant or invasive care interventions, such as:
- Administration of prescribed medication.
- Personal care involving dignity-sensitive tasks.
- Use of equipment that may pose risks (e.g., hoists, mobility aids).
- Sharing personal health information with other professionals.
- Provides clear documentation that consent was given and what the person agreed to.
c. Implied Consent
- When a service user’s actions indicate agreement, even if they do not verbally express it.
- Examples:
- Extending a hand for support when being assisted to stand.
- Opening their mouth when offered medication.
- Staff must be confident that implied consent is intentional and document their observations appropriately.
Important Considerations:
- If a service user is unable to communicate clearly, verbal and implied consent should not be relied upon – a capacity assessment and best interests decision may be required.
- If there is doubt about consent, staff must stop and seek clarification.
6.3 Regular Review of Consent
Consent is not a one-time event; it must be regularly reviewed and updated to reflect changes in the service user’s health, preferences, or capacity.
a. When to Review Consent
Changes in health condition – If a service user develops new health issues or deteriorates, their ability to consent may change.
New treatments or interventions – If a new form of care is introduced, fresh consent must be obtained.
Fluctuating capacity – If a service user has a condition like dementia or a mental health disorder, their capacity to consent may vary over time.
Withdrawal of consent – If a service user decides to withdraw their consent, this must be documented, and alternative solutions discussed.
Annual or routine care plan reviews – As part of ongoing care planning, consent should be reviewed to ensure it still reflects the person’s wishes.
b. Documentation of Consent Reviews
- Any changes or updates to consent should be clearly recorded in the service user’s care records.
- If a service user withdraws consent, staff must:
- Respect their decision and discontinue the care or treatment.
- Discuss alternatives and document the conversation.
- Escalate concerns to a manager or healthcare professional if refusal of care presents a risk to the service user’s safety.
6.4 Best Practices for Documenting Consent
All staff must follow best practice guidelines when documenting consent to ensure compliance and accountability.
Clearly state what the person has consented to.
Record the date and time when consent was given.
Specify the type of consent (verbal, written, or implied).
Note any discussions about risks, benefits, and alternatives.
Document any withdrawal of consent, including the reason (if provided) and any actions taken.
If the person lacks capacity, record the results of the Mental Capacity Assessment and the Best Interests decision-making process.
By following these procedures, {{org_field_name}} ensures that service users’ rights are protected, care is delivered ethically, and legal compliance is maintained.
7. Consent and Data Protection
At {{org_field_name}}, we recognise that obtaining and managing consent extends beyond care and treatment—it also applies to the handling of personal and sensitive health data. Protecting service users’ confidentiality and ensuring compliance with data protection laws are fundamental to ethical and legal care practices.
This section outlines how personal and health data must be obtained, stored, shared, and processed in accordance with the General Data Protection Regulation (GDPR) and the Data Protection Act 2018.
7.1 Sharing Personal and Health Data Only with Consent
Under GDPR and the Data Protection Act 2018, personal data must only be shared when:
The service user has given explicit consent for their information to be shared.
There is a legal requirement to share the data (e.g., safeguarding concerns, court orders).
Sharing is necessary to protect the vital interests of the service user or others (e.g., medical emergencies).
a. Types of Data Covered
The following types of service user information are protected under data protection laws:
- Personal information: Name, date of birth, contact details, and next of kin.
- Health and medical records: Diagnoses, medication details, allergies, and treatment history.
- Care plans and support needs: Individual care preferences, risk assessments, and best interests decisions.
- Legal documents: Power of Attorney, Advance Decisions to Refuse Treatment (ADRTs).
b. How Consent for Data Sharing is Obtained
Before sharing a service user’s information, staff must:
Explain why the information needs to be shared, who it will be shared with, and how it will be used.
Obtain written consent wherever possible, especially for sharing medical information with external agencies (e.g., GPs, social workers).
Allow service users to ask questions and ensure they fully understand their rights.
Document the consent in the service user’s records, including what data is being shared and for what purpose.
7.2 Compliance with GDPR and the Data Protection Act 2018
All handling of personal and health data must follow GDPR principles, ensuring that data is:
Principle | How It Applies to Consent in Domiciliary Care |
Lawfulness, fairness, and transparency | Service users must be informed of how their data is used, and consent must be freely given. |
Purpose limitation | Data can only be collected and used for a specific, legitimate reason (e.g., care provision, safeguarding). |
Data minimisation | Only the necessary information should be collected and processed. |
Accuracy | Data must be kept up to date and corrected if inaccurate. |
Storage limitation | Data should not be kept longer than necessary—records must be securely disposed of when no longer needed. |
Integrity and confidentiality (security) | Data must be kept secure and protected from unauthorised access, loss, or theft. |
a. Service Users’ Rights Under GDPR
Service users have the right to:
Access their data – They can request a copy of the information held about them.
Rectify incorrect data – They can request corrections if their data is inaccurate.
Withdraw consent – They can change their mind and withdraw permission for data sharing.
Restrict processing – They can request limits on how their data is used.
Be forgotten – In some cases, they can request that their data is erased.
Staff must ensure that service users understand these rights and know how to exercise them.
7.3 Data Security and Confidentiality
To ensure compliance with GDPR and protect service users’ personal information, staff must:
Store paper-based records securely in locked cabinets with restricted access.
Ensure electronic records are password-protected and only accessible by authorised personnel.
Use encrypted emails and secure online systems when transmitting sensitive data.
Never share personal information via unsecured channels (e.g., personal emails, text messages, social media).
Report any data breaches immediately following the organisation’s incident reporting procedure.
7.4 Exceptions: When Data Can Be Shared Without Consent
In some situations, data protection laws allow information to be shared without the service user’s consent if it is necessary for:
Safeguarding: If there is a serious risk of harm to the service user or others, staff have a duty to share information with appropriate agencies (e.g., local authority safeguarding teams).
Medical emergencies: If a person is unconscious or unable to provide consent, relevant medical information may be shared with healthcare professionals to provide urgent care.
Legal requirements: If ordered by a court or required by law (e.g., under the Mental Capacity Act 2005, Deprivation of Liberty Safeguards).
In all cases where consent is overridden, the decision must be justified, recorded, and reported to senior management.
575 Staff Responsibilities and Training
To ensure compliance with GDPR and data protection regulations:
All staff must receive training on data protection, confidentiality, and obtaining consent.
Managers must monitor compliance and address any breaches or concerns.
A Data Protection Officer (DPO) (if applicable) should oversee data management and ensure the organisation adheres to legal requirements.
Summary of Key Actions for Staff
Action | Requirement |
Explain data use | Inform service users why their data is collected and how it will be used. |
Obtain valid consent | Secure written/verbal consent before sharing personal or health data. |
Document consent | Record what data is shared, with whom, and for what purpose. |
Ensure security | Protect records (paper and digital) from unauthorised access. |
Allow access to data | Facilitate service users’ rights to access or correct their data. |
Report breaches | Immediately report any unauthorised data disclosures. |
By following these procedures, {{org_field_name}} ensures that service users’ personal information is handled lawfully, securely, and in line with best practice standards.
8. Training and Staff Responsibilities
At {{org_field_name}}, we recognise that staff training and clear responsibilities are essential to ensuring compliance with consent policies, the Mental Capacity Act 2005 (MCA), and best practice guidelines in Supported Living. All staff must have a thorough understanding of how to obtain, document, and review consent while ensuring that service users’ rights are upheld.
This section outlines the mandatory training requirements for staff and the managerial responsibilities for ensuring compliance with consent policies.
8.1 Mandatory Training on Consent and the Mental Capacity Act (MCA)
All staff involved in care provision must receive mandatory training on the following key topics:
a. Understanding Consent in Care
The legal and ethical importance of obtaining consent.
The different types of consent (verbal, written, implied) and when each is appropriate.
How to provide service users with clear and accessible information to support informed decision-making.
How to respect the right to refuse care and manage refusals appropriately.
Procedures for documenting consent accurately in care records.
b. Mental Capacity Act (MCA) and Best Interests Decision-Making
The five key principles of the Mental Capacity Act 2005:
- Assume capacity unless proven otherwise.
- Support individuals in making their own decisions.
- Respect unwise decisions if the person has capacity.
- If capacity is lacking, act in the person’s best interests.
- Choose the least restrictive option when making decisions on someone’s behalf.
– How to conduct a two-stage Mental Capacity Assessment: - Does the person have an impairment affecting their ability to decide?
- Can they understand, retain, weigh up, and communicate their decision?
– How to follow the best interests decision-making process when a person lacks capacity.
– The role of Lasting Power of Attorney (LPA), Court-Appointed Deputies, and Independent Mental Capacity Advocates (IMCAs).
– The importance of regularly reviewing capacity for individuals with fluctuating conditions (e.g., dementia, mental health issues).
c. GDPR, Data Protection, and Confidentiality
How to obtain explicit consent before sharing personal and health data.
Understanding service users’ rights under the Data Protection Act 2018 and GDPR.
Secure storage and management of paper and electronic consent records.
When and how data can be shared without consent (e.g., safeguarding situations, medical emergencies).
d. Handling Complex Consent Scenarios
How to support service users with communication difficulties in decision-making (e.g., using interpreters, visual aids, speech-generating devices).
Managing family and advocate involvement while prioritising the service user’s wishes.
Identifying and addressing potential coercion or undue influence in consent decisions.
When to escalate cases where consent or capacity is disputed.
All staff must complete refresher training annually to stay updated on legal changes and best practices.
8.2 Managerial Responsibility for Compliance
Managers and senior staff play a critical role in ensuring that the organisation remains compliant with consent and MCA regulations. Their responsibilities include:
a. Ensuring Staff Are Trained and Competent
Deliver or arrange mandatory training sessions for all care staff.
Monitor staff understanding of consent procedures through supervision and competency assessments.
Ensure new employees receive consent training as part of their induction process.
Provide ongoing coaching and refresher training to keep staff up to date.
b. Monitoring and Auditing Compliance
✔ Conduct regular audits of care records to ensure that consent is:
- Clearly obtained and documented.
- Reviewed regularly and updated when necessary.
- Aligned with the service user’s current needs and preferences.
– Identify and address any gaps or inconsistencies in consent documentation.
– Investigate and take corrective action if staff fail to follow consent procedures.
c. Supporting Decision-Making and Risk Management
Provide guidance to staff when service users refuse care or withdraw consent.
Ensure that Mental Capacity Assessments and best interests decisions are completed correctly when required.
Escalate complex cases (e.g., safeguarding concerns, legal disputes) to external professionals, such as social workers or the Court of Protection.
d. Ensuring Organisational Compliance
Keep up to date with changes in CQC regulations, the Mental Capacity Act, and GDPR requirements.
Ensure all policies related to consent, data protection, and capacity are reviewed annually and updated as needed.
Encourage a culture of respect and person-centred decision-making among staff.
8.3 Compliance Monitoring and Performance Evaluation
To ensure effective implementation of this policy:
Regular Spot-Checks & Supervision
- Managers should observe staff interactions with service users to ensure proper consent procedures are followed.
- Direct supervision can help identify training gaps and areas for improvement.
Consent Record Audits
- Monthly audits should be conducted to review consent documentation in service users’ care plans.
- Findings should be reported to senior management, and action plans should be developed to address any deficiencies.
Feedback from Service Users and Families
- Managers should seek feedback from service users, their families, and advocates about their experience with decision-making and consent processes.
- This feedback should be used to improve staff training and care planning.
Performance Reviews and Staff Accountability
- Consent competency should be assessed as part of staff performance appraisals.
- Staff who consistently fail to follow consent procedures should receive additional training or be subject to disciplinary action if necessary.
4. Summary of Key Responsibilities by Role
Role | Key Responsibilities |
Care Workers | Obtain and document consent before providing care. Respect refusals and escalate concerns if necessary. |
Senior Carers/Supervisors | Support junior staff in complex consent cases. Assist in Mental Capacity Assessments. |
Managers | Ensure all staff receive training. Monitor compliance, conduct audits, and address non-compliance. |
Data Protection Officer (if applicable) | Oversee GDPR compliance. Ensure data security and proper documentation of consent. |
Training Coordinator (if applicable) | Organise consent and MCA training. Maintain staff training records. |
By ensuring that all staff are trained and managers enforce compliance, {{org_field_name}} guarantees that consent is obtained ethically, legally, and in a way that respects the dignity and autonomy of service users.
9. Monitoring and Review
- This policy will be reviewed annually or when legislation or best practice changes.
- Compliance will be monitored through audits, staff supervision, and service user feedback.
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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