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Consent to care and treatment (healthcare services)

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E6. Is consent to care and treatment always sought in line with legislation and guidance?

E6.1 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 standards and guidance?

E6.2 How are people supported to make decisions in line with relevant legislation and guidance?

E6.3 How and when is possible lack of mental capacity to make a particular decision assessed and recorded?

E6.4 How is the process for seeking consent monitored and reviewed to ensure it meets legal requirements and follows relevant national guidance?

E6.5 When people lack the mental capacity to make a decision, do staff ensure that best interests decisions are made in accordance with legislation?

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Does not apply to
NHS 111 services

E6.6 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?

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Does not apply to
NHS 111 services

E6.7 Do staff recognise when people aged 16 and over and 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?

Last updated:
13 October 2017