Consent to care and treatment: requires improvement

E7: 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

The service does not make sure that staff fully understand the requirements about consent and they do not always seek people’s consent to care and treatment.

The service does not always assess people’s mental capacity to make particular decisions, or it may do so in a way that does not meet legal requirements.

Managers may gather information about consent and there may be related audit activity, but the information is not used to improve the service, or not used as effectively as it could be.

People’s family and friends are not always included or involved in such decisions.

Where restraint is used it is not always recognised, or less restrictive options are not always used where possible.

Deprivation of Liberty Safeguards and the key requirements of the Mental Capacity Act 2005 may not be fully understood. People’s human and legal rights are not always understood and respected.

Some staff are unsure about what they should do to make sure that any decisions are made in people’s best interests. People do not always receive information in a format they understand.