Mental Capacity and Consent

Supporting informed choices and lawful decision-making

The five principles of the Mental Capacity Act

Care2Care works in accordance with the Mental Capacity Act 2005. Its five principles are:
• presume that an adult has capacity unless it is established otherwise;
• provide all practicable support to help the person make their own decision;
• recognise that making an unwise decision does not, by itself, mean the person lacks capacity;
• act in the person’s best interests when they lack capacity for a specific decision; and
• choose the option that restricts the person’s rights and freedom as little as possible.

Supporting a person to decide

Information should be provided in an accessible way that the person can understand. Staff should consider:
• the person’s communication needs;
• the best time and setting for the decision;
• support from trusted people, where appropriate; and
• enough time for the person to understand their options and express a choice.

Assessing capacity

Capacity is specific to both the decision and the time at which it must be made. An assessment should be carried out only when there is a valid reason to doubt the person’s capacity for that particular decision.

Making a best-interests decision

When a person lacks capacity for a specific decision, anyone deciding on their behalf must consider all relevant circumstances. This includes the person’s past and present wishes, feelings, beliefs and values. The chosen action must protect their rights and freedom as far as possible.

Legal representatives and independent advocacy

Care2Care records anyone who is legally authorised to act for a Service User, such as an attorney or a court-appointed deputy. When the legal criteria are met, an Independent Mental Capacity Advocate may also need to be instructed.

Accessible information and support

If you need help understanding this information or would prefer it in another format, please ask Care2Care for accessible support. Depending on availability, options may include audio, large print, translated versions, easy-read materials or a simplified policy view.

Safeguarding Policy

Protecting adults from abuse and neglect

What safeguarding means

Safeguarding means taking action to protect Service Users from abuse, neglect and other harm. It also means promoting each person’s wellbeing and respecting their wishes, feelings and beliefs.

When adult safeguarding duties apply

Adult safeguarding duties apply when all three of the following conditions are met:
• the adult has care and support needs;
• they are experiencing, or are at risk of, abuse or neglect; and
• because of their care and support needs, they are unable to protect themselves from that risk or harm.

Our safeguarding principles

Our approach is guided by six principles: empowerment, prevention, proportionality, protection, partnership and accountability. We also follow Making Safeguarding Personal, so our response focuses on the outcomes the Service User wants to achieve.

Recognising and reporting concerns

Staff must recognise and report suspected abuse, neglect or poor practice, and respond without delay. The local authority leads adult safeguarding enquiries. Care2Care follows Bradford Metropolitan District Council procedures and works with other relevant agencies.

Safeguarding leadership and speaking up

The source policy names Gillian Walbank as the safeguarding lead. Staff must know how to raise a safeguarding concern and, when appropriate, use Care2Care’s whistleblowing procedures.