E6. Is consent to care and treatment always sought in line with legislation and guidance?
Characteristics of services we would rate as inadequate in this area
Consent to care and treatment has not been obtained in line with legislation and guidance, including the Mental Capacity Act 2005 and the Children's Acts 1989 and 2004. There are instances where care and treatment is not provided in line with people's decisions about consent.
Where appropriate, people's mental capacity has not been assessed and recorded. When people aged 16 and over lack the mental capacity to make a decision, best interests decisions have not been made in accordance with legislation.
Restraint (where relevant) is not recognised and no attempts are made to find less restrictive options to provide necessary care and treatment.
Does not apply to
GP practices,
or GP out-of-hours
or NHS 111 services
Applications to authorise a deprivation of liberty using the Deprivation of Liberty Safeguards or through the Court of Protection are not made appropriately or in a timely way.