Consent Policy & Procedure

Do you need a consent policy?

CQC lists a consent policy and procedures among the supporting documents for registration. The law behind it is regulation 11 of the Health and Social Care Act 2008 (Regulated Activities) Regulations 2014, which says care and treatment must only be given with the consent of the relevant person. A consent policy shows staff how to seek, record and respect that consent, and what to do when someone refuses or may lack capacity.

This template covers care homes, home care and supported living. In home care, staff ask at each visit, as guests in the person's home.

Consent in daily care

Staff ask before each task. They tell the person what they plan to do and why, look for verbal and non-verbal signs, and stop if the person says no, pulls away or seems distressed. A person can change their mind at any time, and the service records it when they do. Going along with care is not the same as agreeing to it. DHSC guidance on deprivation of liberty makes the same point.

When someone refuses or may lack capacity

1. Respect the refusal, and do not pressure or trick the person.

2. Check they understood the likely consequences. Offer again later, or offer a different staff member or a different way.

3. Record and report the refusal. If it puts the person at serious risk, tell the manager at once.

4. If you doubt their capacity for the decision, assess it first. Age, appearance, a condition or behaviour is never enough to assume someone lacks capacity.

5. If they lack capacity, act in their best interests under the Mental Capacity Act 2005 and record each step.

A relative's view counts as a view about the person's best interests. It is not consent unless the relative holds legal authority for that decision, for example as an attorney under a registered lasting power of attorney (a legal document that lets someone make decisions for the person).

The policy also sets limits on restraint. For a possible deprivation of liberty, it points each type of service to the right procedure.

Before you use this consent policy

Delete the service-type lines that do not apply to you, then add your own forms, record systems and local contacts. Consent is reviewed at each care plan review, or sooner if the person's needs, health or wishes change.

When care starts, staff record agreement on the Consent to Care & Treatment Form. For a decision the person cannot make, the Mental Capacity Assessment Form and the Best Interests Decision Record hold the evidence.