Consent to care and treatment: inadequate

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

Characteristics of services we would rate as inadequate in this area

The service does not ensure that it obtains people's consent to care and treatment, and staff are unclear about the requirements relating to consent. Managers do not check or audit consent activity.

The service does not ensure that people's capacity to make decisions is assessed when needed.

Consent to care and treatment and best interests decisions have not been obtained in line with legislation and guidance, including the Mental Capacity Act 2005, the Children’s Acts 1989 and 2004 or Deprivation of Liberty safeguards. Staff do not understand these requirements.

Where restraint is used, it is not recognised, and no attempts are made to find less restrictive options to provide necessary care and treatment.