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Consent to Care and Treatment (Wales) Policy

Policy Statement

It has always been the policy of {{org_field_name}} to empower people receiving care 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 their 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 human rights and person-centred care principles that underpin all the relevant legislation and guidance with which the service must comply including the:

{{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 considers that valid consent is given when it is:

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 Mental Capacity Act 2005.

If from the assessment the person cannot give his or her informed consent because of mental incapacity, a decision will be taken in his or her “best interests” following Mental Capacity Act procedures.

To make sure that a decision is in a person’s best interests, {{org_field_name}} will always encourage and enable the person to have the services of an independent advocate if needed. If the care and treatment proposed implies a deprivation of that person’s liberty, {{org_field_name}} will always comply with the safeguarding procedures entailed.

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 as “best interests” decisions because they lack mental capacity the fact that they have not been able to give their valid consent is fully recorded and all best interest measures taken 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 people and their representatives to obtain their consent, which is then recorded on the care 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 a “best interests” 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 care plan.
  7. 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 “best interests” 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 people’s 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 “best interests” 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 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 “best interests” meetings are held in the cases of anyone who cannot give their informed consent about taking part.

Training

Consent issues are covered in {{org_field_name}}’s induction programmes, as guided by the Social Care Wales, All Wales Induction Framework for Health and Social Care.

{{org_field_name}} provides training in the Mental Capacity Act 2005 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 “best interests” decision-making in relation to people who cannot give their informed consent.


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 ©2024 {{org_field_name}}. All rights reserved

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