Consent to care and treatment

Page last updated: 12 May 2022
Organisations we regulate

E7. Is consent to care and treatment always sought in line with legislation and guidance?

E7.1 Do staff understand the relevant consent and decision-making requirements of legislation and guidance, including the Mental Capacity Act 2005 and the Children’s Acts 1989 and 2004 and other relevant national guidance?

E7.2 How are people supported to make their own decisions in line with relevant legislation and guidance?

E7.3 How and when is possible lack of mental capacity to make a particular decision assessed and recorded?

E7.4 How is the process for seeking consent monitored and reviewed to ensure it meets legal requirements and follows relevant national guidance?

E7.5 When people lack the mental capacity to make a decision, how do staff ensure that best interests decisions are made in accordance with legislation?

E7.6 How does the service promote supportive practice that avoids the need for physical restraint? Where physical restraint may be necessary, how does the service ensure that it is used in a safe, proportionate, and monitored way as part of a wider person-centred support plan?

E7.7 Do staff recognise when people aged 16 and over, who lack mental capacity, are being deprived of their liberty, and do they seek authorisation to do so when they consider it necessary and proportionate?

Related links

Rating characteristics

green star Outstanding

green dot Good

yellow dot Requires improvement

red dot Inadequate

Related regulations

Need for consent

Person-centred care

Dignity and respect

Good governance

These links provide extra information. They don't imply a direct correlation between key lines of enquiry and regulations or notifications.