Legal And Practical Aspects Of Capacity & Consent In Practice

Clients have the right to make their own decisions, even if they are unwise decisions, if they have sufficient decision making capacity to do so. Where a client does not have decision making capacity for a specific decision, the practitioner should then assess the alternatives provided by current NI Legislation and Common Law, and in consultation with named others, to proceed in the client’s best interests.

This course addresses both the current statutory and common law in relation to consent in N. Ireland as well as professional standards including Department for Health NI and RQIA requirements. Contemporary research, guidance and references will be utilised throughout the course.

By the end of the course the learners will:

• define their personal legal and professional accountability, in relation to consent in health & social care
• list the essential elements of a valid / legal consent or refusal for care
• describe the processes involved in obtaining a legal and valid consent including appropriate documentation & record keeping
• define “decision-making capacity” in relation to health & social care
• discuss the procedures involved where a client does not have sufficient decision-making capacity to make their own decision
• discuss the involvement of family and carers in consent processes
• discuss relevant legislation, common law and professional standards
• discuss the Department for Health NI and RQIA Requirements in relation to Capacity and Consent.