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Charter Care (West Midlands) Limited (B69) Requires improvement Also known as Charter Care Sandwell

All reports

Inspection report

Date of Inspection: 10 April 2014
Date of Publication: 29 April 2014
Inspection Report published 29 April 2014 PDF

Before people are given any examination, care, treatment or support, they should be asked if they agree to it (outcome 2)

Not met this standard

We checked that people who use this service

  • Where they are able, give valid consent to the examination, care, treatment and support they receive.
  • Understand and know how to change any decisions about examination, care, treatment and support that has been previously agreed.
  • Can be confident that their human rights are respected and taken into account.

How this check was done

We looked at the personal care or treatment records of people who use the service, carried out a visit on 10 April 2014, checked how people were cared for at each stage of their treatment and care and talked with people who use the service. We talked with carers and / or family members, talked with staff and took advice from our specialist advisors.

Our judgement

Where people did not have the capacity to consent, the provider did not act in accordance with legal requirements.

Reasons for our judgement

All the people using the service that we spoke with told us their care worker always talked to them about their care and ask for their agreement to do things. One person that we visited told us, “We do things together and they do what I want them to do.”

All the care workers that we spoke with told us that they always talked to people about the care before undertaking tasks. Some care workers confirmed that they have had Mental Capacity Act training and this was supported by the staff training records that we looked at. This meant that before people received care and support care workers asked for their consent.

One care worker told us, “I explain to people in a way that they can understand and will repeat things to ensure that they do understand. I always get consent from people. If I am concerned that they are not able to understand I report it to the office.” However, one care plan and risk assessment that we saw stated that the person lacked capacity. There was no assessment in place to establish how this judgment had been made. A document which related to the individuals care had been signed by a relative indicating they were acting on the person’s behalf. We asked the manager what process had been used to establish that the person lacked capacity, but he was unable to tell us. The manager did not clearly understand their responsibility to establish people’s mental capacity if there were concerns about people’s ability to make informed decision. The manager also did not know how to locate information about the Mental Capacity Act and the provider’s responsibilities under the act. This indicated that if care workers reported concerns about people’s capacity it was not clear that the appropriate action would be taken to ensure that people’s rights would be protected.