Consent to care and treatment: outstanding

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

Characteristics of services we would rate as outstanding in this area

The service is skilled in how it obtains people's consent for care and treatment, involving them in related decisions and assessing capacity when needed, even where disability or other impairments make this very difficult.

The service has a very flexible approach to any restrictions it imposes on people; keeping them under constant review, making them in a time-limited way, and only when absolutely necessary.

Practices regarding consent and records are actively monitored and reviewed to improve how people are involved in making decisions about their care and treatment. Engagement with stakeholders, including people who use services and their family, friends and other carers, informs the development of tools and support to aid informed consent.

The service has nominated champions for mental capacity, restraint and consent. They make sure that staff are fully educated and trained and have a comprehensive understanding of the Mental Capacity Act 2005 and the Deprivation of Liberty Safeguards.

Staff are confident about using the Mental Capacity Act 2005, and use innovative ways to make sure that people are involved in decisions about their care so that their human and legal rights are respected. Best interest decisions are always made in accordance with legislation and people's wishes.