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GO Online: Inspection toolkit

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Consent to care and treatment

Person-centred care requires providers to be upfront with the people you support and seek their consent. This will require strong understanding of adhering to people’s rights in order to involve them in decisions about their care.

The following film provides a summary of this area of inspection. It can help you and your teams learn about what will be inspected and what is important to demonstrate to deliver good or outstanding care.

Introducing Consent to care and treatment

Duration 01 min 45 sec

Care and treatment must only be provided with the consent of the person you support.

This area of CQC inspection looks at how you manage and support people’s consent.

The CQC will want to know how your service is always supporting people to make their own decisions in line with the latest legislation and guidance.

Inducting new staff and refreshing learning is important … but you should also remember to check staff understanding and assess their confidence. Discussions in one-to-ones, team meetings and when shadowing colleagues can help.

Your managers should have a deeper understanding of consent, enabling them to respond to escalated issues from the staff team.

The regular monitoring of people’s mental capacity and associated assessments is important, as well as recording this information.

Where people lack capacity, best interest decisions may need to be made on their behalf.

The inspection may also focus on awareness and understanding of people’s liberty safeguards.

CQC inspectors will seek to interview people, their family, friends, and advocates when looking at consent.

Documented evidence may be asked for, including:

  • consent to care and treatment records
  • records of assessments of mental capacity
  • best interests decision-making records
  • DoLS application forms
  • Do Not Attempt CPR ‘notices’ in files
  • and associated policies and procedures.

To learn more about how to be effective at People’s Consent, look at GO Online’s recommendations, examples, and resources.

Watch the film here: https://vimeo.com/788207221

Resources

The practical resources below can help you to strengthen this area of CQC inspection. Use the filter to choose different types of resources or select based on related prompt.

Filter by resource type


7 resource(s) found

Capacity and consent

Resource creator: Care Quality Commission

Organisations shouldn’t assume people lack capacity simply because their communication needs are different. Instead they should fully explore all options around people’s preferences. The CQC has compiled good practice and advice to help services to meet their expectations.

  • Guide

Date published: January 2023


Introductory modules for managers - Safeguarding and mental capacity

Resource creator: Skills for Care

For those looking to progress into care management, Skills for Care has produced an eLearning module looking at key considerations around Safeguarding and mental capacity.

This is part of the wider Introductory modules for managers, eLearning which offers engaging introductions to key topic areas to pique learners’ interest and provide opportunities to reflect, ideas to improve practices, and motivation to learn more.

Based on the Manager Induction Standards, the modules feature up to date content and increased accessibility for learners.

  • Learning

Date published: October 2022


Liberty Protection Safeguards (LPS) - looking forwards

Resource creator: Social Care Institute of Excellence (scie)

The LPS are due to come into force in 2022. As part of work to support the social care sector to prepare and embed LPS within everyday practice, SCIE has produced a short video to encourage the sector to consider how LPS will seek to promote practice which aligns with human rights and the core principles and duties of the Care Act 2014.

The film covers:

  • a strengths-based approach
  • individual choice and control
  • transparency
  • a holistic approach
  • what’s appropriate
  • what’s proportionate
  • recognise fluctuating need
  • maximise the person’s involvement.

The film is complemented by LPS latest developments and access to other SCIE LPS resources and support.

  • Film
  • Guide

Date published: November 2021


Decision making and mental capacity (QS194)

Resource creator: National Institute of Health and Care Excellence (NICE)

This NICE Quality Standard advocates:

  • that people who are at risk of losing capacity to make decisions, and those with fluctuating capacity, are given the opportunity to discuss advance care planning at each review
  • that people who are assessed as lacking capacity to make a particular decision at the time that decision needs to be made, have a clear record of the reasons why they lack capacity and the practicable steps taken to support them
  • that people who lack capacity to make a particular decision at the time that decision needs to be made have their wishes, feelings, values and beliefs accounted for in best interests decisions.
  • Guide

Date published: August 2020


Guidance and resources around the Mental Capacity Act (MCA)

Resource creator: Skills for Care

People working in social care must have an awareness of the MCA 2005. The act aims to empower and protect people who may not be able to make some decisions for themselves. It also enables people to plan ahead in case they’re unable to make important decisions for themselves in the future.


The resources on this page look to support providers with guidance around the act and ensuring their staff have an awareness of it.

  • Guide

Date published: December 2019


Decision-making and mental capacity (NG108)

Resource creator: National Institute of Health and Care Excellence (NICE)

The guideline covers decision-making in people aged 16 years and over who may lack capacity now or in the future. It aims to help health and social care practitioners support people to make their own decisions where they have the capacity to do so. It also helps practitioners to keep people who lack capacity at the centre of the decision-making process.

  • Guide

Date published: October 2018


Mental Capacity Act directory: tailored for social care staff

Resource creator: Social Care Institute of Excellence (scie)

The directory aims to raise awareness about the Mental Capacity Act, including the deprivation of liberty safeguards. It contains material for people who may be subject to the act’s provisions, and for professionals from a range of backgrounds.

  • Guide

Date published: December 2015



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