This course will explore the CQC expectations and legal requirements for obtaining valid consent from service users and those lawfully acting on their behalf, with particular focus on Regulation 11 of the Health and Social Care Act 2008. We will examine the Mental Capacity Act 2005, best interests decision-making, the appointment and role of Relevant Persons Representatives, Deprivation of Liberty Safeguards, and the Court of Protection, supported by recent case law and practical scenarios.
Regulation 11 of the Health and Social Care Act 2008 (Regulated Activities) Regulations 2014 is a fundamental requirement that sits at the heart of person-centred, lawful social care provision.
Care and treatment must only be provided with the consent of the relevant person. However, consent is far more than simply obtaining a signature; it requires the care provider to evidence informed decision-making, capacity assessment, and lawful compliance with the Mental Capacity Act 2005.
Regulation 11 makes clear that providers must demonstrate how they have obtained consent lawfully and that this is evidenced through their governance systems and practice.
Recent Court of Protection cases have highlighted the importance of applying the functional test for capacity correctly, starting with whether the person can understand, retain, use and weigh relevant information, and only then considering whether any inability is caused by an impairment of or disturbance in the functioning of the mind or brain. This is a critical distinction that many practitioners still get wrong.
For those lacking capacity, social care providers must work within the Mental Capacity Act 2005 framework, including applying the best interests checklist, appointing and supporting a Relevant Persons Representative where appropriate, and understanding when Deprivation of Liberty Safeguards apply. Over 185,000 DoLS notifications were received by CQC in 2024/25, representing a 15% increase on the previous year, placing enormous pressure on local authorities. Understanding when and how to apply for DoLS authorisation is therefore a critical compliance issue.
This masterclass provides leaders, managers and practitioners with the knowledge, tools and frameworks to evidence lawful consent at every level of their service, reduce the risk of unlawful activity, and ultimately protect the human rights and dignity of the people they support.
WHO SHOULD ATTEND
CQC registered social care services, Nominated Individuals, Registered Managers, Care Providers, Deputy Managers, Clinical Leads, Senior Staff, and anyone responsible for ensuring lawful consent is obtained and documented in social care settings.
