Consent to care and treatment: good

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

Characteristics of services we would rate as good in this area

Staff make sure that people are involved in decisions about their care so that their human and legal rights are upheld.

Staff judge whether people have capacity to make particular decisions whenever this is necessary. They involve relevant people and professionals when needed, and record their actions and assessments whenever this is proportionate and appropriate.

Managers gather information about consent-related activity in the service and use it to audit and improve how services are delivered, and to monitor appropriate use in line with national guidance.

Staff know what they need to do to make sure decisions are taken in people's best interests and involve the right professionals.

Where people do not have the capacity to make decisions they are given the information they need in an accessible format of their choice, and where appropriate, their family, friends and other carers, advocates are involved.

Staff make sure people are referred for professional assessment at the earliest opportunity.

Staff uphold people's rights to make sure they have maximum choice and control over their lives, and support them in the least restrictive way possible; the policies and systems in the service support this practice.

Staff understand and demonstrate a good working knowledge of the Deprivation of Liberty Safeguards and the key requirements of the Mental Capacity Act 2005. They can demonstrate how they put these into practice effectively, and ensure that people's human and legal rights are respected.