Capacity and consent

Capacity and consent are central to safeguarding adults. This page explains what to do at the concern stage, including how to seek consent, share information appropriately, and respond if an adult may lack capacity.

Key considerations

Capacity

• Anyone who acts for, or on behalf of, a person who may lack capacity to make relevant decisions has a duty to understand and always work in line with the Mental Capacity Act (MCA) and MCA Code of Practice.

Consent

• All adults have the right to choice and control in their own lives. As a general principle, no action should be taken for, or on behalf of, an adult without their consent.

What to do at the concern stage

At the concern stage, key issues will usually include whether the adult has the mental capacity to understand and make decisions about the risks related to abuse or neglect, and any immediate safety actions needed. This also includes whether the adult consents to safety actions being taken and to information being shared with other agencies.

If it appears that the adult may not have capacity, the situation should be explained to them as far as possible, taking account of their communication needs. They should also be supported to express their wishes and feelings.

It is important to establish whether the adult has capacity to make the relevant decisions. This may involve other professionals. Where an adult lacks capacity, decisions and actions must be taken in their best interests, with the appropriate decision maker depending on the decision required.