Consent and Capacity

Consent is a fundamental principle in safeguarding, ensuring adults have the right to make informed decisions about their safety and wellbeing. The consent process is an ongoing informed process and requires that the adult receives clear, accessible information regarding the nature, purpose and benefit of any care or treatment plan including any safeguarding intervention. This approach is firmly embedded in the principles set out in the Mental Capacity Act (MCA) 2005.

All decisions taken in the Adult Safeguarding process must comply with the Mental Capacity Act (MCA) 2005. An allegation of abuse or neglect of an adult who may have difficulty making one or more decisions about their own safety will always give rise to action under the Adult Safeguarding process and any decision made about someone who lacks capacity to make it themselves must be made in their best interests in line with the MCA and the MCA Code of

The ability of the adult to give their informed consent to an enquiry being progressed and to consent to action being taken under these procedures is a significant factor, but not the only factor, in deciding what action to take. Practitioners also need to consider vital interests and public interest factors and whether there are indicators of situational incapacity which may trigger the Inherent Jurisdiction of the Courts.

When considering mental capacity in relation to specific decisions it is important to consider the adults understanding of the impact of their level of ability to take action to protect themselves from future harm, as this is an important factor in being able to use and weigh relevant

Importantly, if you or anyone else expresses concern about the action of an attorney acting under a registered Enduring Power of Attorney (EPA) or Lasting Power of Attorney (LPA), or a Deputy appointed by the Court of Protection – these must be raised with the Office of the Public Guardian (OPG) and they should be included in any strategy to respond to allegations of abuse or neglect.

S44 of the Mental Capacity Act 2005, establishes a criminal offence for the ill-treatment or wilful neglect of a person who lacks capacity or is reasonably believed to lack capacity

The following guidance outlines a structured framework for implementing the MCA (2005) through practical tools. Whilst developed for acute trusts in implementing the legislation for adults with learning disabilities, these practical tools and approach may be applicable in other settings.

For further information see: Mental Capacity Act (MCA) - SCIE, Mental Capacity Act - Social care and support guide - NHS