E6. 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
Consent to care and treatment is obtained in line with legislation and guidance, including the Mental Capacity Act 2005 and the Children's Acts 1989 and 2004. People are supported to make decisions and, where appropriate, their mental capacity is assessed and recorded.
When people aged 16 and over lack the mental capacity to make a decision, best interests decisions are made in accordance with legislation. The process for seeking consent is appropriately monitored.
The use of restraint is understood and monitored, and less restrictive options are used where possible.
Does not apply to
GP practices,
or GP out-of-hours
or NHS 111 services
Deprivation of liberty is recognised and only occurs when it is in a person's best interests, is a proportionate response to the risk and seriousness of harm to the person, and there is no less restrictive option that can be used to ensure the person gets the necessary care and treatment.
The Deprivation of Liberty Safeguards, and orders by the Court of Protection authorising deprivation of a person's liberty, are used appropriately.