Consent to care and treatment: requires improvement

Page last updated: 12 May 2022
Organisations we regulate

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

Characteristics of services we would rate as requires improvement in this area

Consent is not always obtained or recorded in line with relevant guidance and legislation. There is a lack of consistency in how people's mental capacity is assessed and not all decision-making is informed or in line with guidance and legislation.

Decision-makers do not always make decisions in the best interests of people who lack the mental capacity to make decisions for themselves, in accordance with legislation.

Restraint (where relevant) is not always recognised, or less restrictive options used where possible.

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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 always made appropriately or in a timely way.