Policy

The Care Worker Agency is committed to providing high standards of customer care and has strong values and beliefs regarding how customers should be treated and involved in planning their care. People who receive support from The Care Worker Agency will be referred to as customers, not as ‘clients’ or ‘service users’ or any other term so that the relationship is clear and understood by all concerned.

The Care Worker Agency believes in a ‘can do’ attitude and that customers are the most important people in the ‘chain’ of care delivery, and as such deserve due respect and consideration. All staff must treat customers in a pleasant, polite and professional manner and listen carefully to the customer’s views. Customer satisfaction will always be a major decider in the success of the company.

The Care Worker Agency is required by the regulations & law to have suitable arrangements in place for enabling customers to make or participate in decision making and for obtaining, and acting in accordance with the consent of individuals in relation to the care and treatment provided to them.

Definitions

Consent is defined as that which has been given voluntarily, by an appropriately informed person who has the capacity to agree to the activity in question.

‘Informed consent’ means ensuring that a person is informed of all of the elements involved, including the nature of the care or treatment, possible alternatives, the potential risks and benefits. In order for informed consent to be considered valid, the person must be competent and the consent should be given voluntarily.

The Mental Capacity Act 2005 provides some protection for vulnerable people and has a number of principles that must be considered where there are issues around mental capacity. The Mental Health Foundation produced a research report which outlined some factors which people found helpful in expressing their views and others that hindered their decision-making. (Please refer to Appendix 1)

Our service to customers will not commence until a written plan of care is in place and the customer has been fully involved in agreeing to such a plan. The company will not under any circumstances provide care to people which has not been previously agreed with them and/or their representatives. We will gain customer consent while preparing the care plan and risk assessment and we will gain their consent each time we call to see them to support them with tasks. Consent may be in writing, such as in the initial care plan, and may also be verbal or via body language if the person has communication issues etc. We will list in our care plan any communication issues and what ‘consent’ may look like for each individual. If they do not consent to any of the activities on the care plan, we will document this in their care call notes

The Care Worker Agency will always try to promote the customers’ independence and enable them to manage their own care where possible. Our role is not about taking ‘over’ a person’s care.

Customers will be listened to by our staff and we will help to support any individual to express their views and enable them to access a suitable person such as an advocate where required or requested by providing information.

The Care Worker Agency will ensure that due regard is given to the individual's human rights and any matters relating to equality including race, religion, culture, disability, sex, age and any other beliefs and preferences in order to facilitate good communication and practice.

Procedure

Information:

The Care Worker Agency will provide information to customers and/or their representatives in a way they are able to understand and to give valid consent. Any information relating to a customer or others will be maintained, used and stored in line with all relevant pertinent legislation, (such as The Data Protections Act and GDPR Regulations) and good practice and they will be aware of what information is held and how to access this.

The Care Worker Agency customer guide is provided to all customers and includes a range of topics such as our aims and objectives; code of practice; how to raise a concern or complaint; the services we offer and what we cannot provide, as well as many other areas.

The guide also provides advice and information on how to contact external agencies including the CQC (Care Quality Commission, the local authority and advocacy services.

Care Planning:

It is central to The Care Worker Agency policy and procedures that customers are fully involved in all aspects of their care and are central to the process. This includes the care planning and assessment process whereby all customers are fully consulted regarding their preferences, wishes and aspirations.

Staff will respect the human rights and diversity of customers and discuss what is important to them and how they prefer their care to be provided.

Risk Assessment:

During the assessment process The Care Worker Agency will discuss the benefits and any risks associated with the provision of care with the customer and a risk assessment will be produced to minimise or remove such risks.  Risks could be associated with the provision of personal care (for example moving and handling; help with medication administration) or other aspects of their lives (for example accessing the community).

Customer choices and preferences will be respected and accommodated unless others are placed at risk of harm or injury or it is not in line with our stated aims and objectives for the service.

Review:

We will regularly review a customer’s plan of care with their full involvement taking into account the ongoing need for consent to care and treatment, and that this continues to remain valid. For example, that there has been no deterioration in the person’s ability and capacity to give such consent.

Mental Capacity:

Staff must always report any concerns around a customer’s mental capacity or deterioration in their health immediately to the senior manager in order that an urgent review can be arranged with the relevant persons.

Where we recognise that there may be concerns around a person’s capacity to give valid consent the company will consult significant others involved in the person's care including other professionals, relatives, legal representatives, advocates in order to ensure the best interests of the person are protected in respect of any decisions that are made affecting them and/or relating to their plan of care.

It may be necessary to involve an Independent Mental Capacity Advocate (IMCA) where the legislation dictates this. The Mental Capacity Act 2005 makes provisions for an IMCA service which provides an independent safeguard to support particular vulnerable people who lack capacity to make important decisions who have no-one to appropriately consult regarding certain decisions. The referral to an IMCA service should be made by the relevant local authority or health authority involved in the person's care as required by their obligations under the Act.

Emergency situations:

The Care Worker Agency will in the event of an emergency and where the customer is unable to give consent, inform and consult the relevant professionals (for example the local authority care manager or general practitioner) or representatives (for example advocacy services/next of kin) for advice in order to protect and ensure the best interests of the individual. We will only share the information previously agreed with the customer and/or others and in line with legislation and good practice. Additional information will only be shared with appropriate persons if it is deemed necessary and in the person's best interests.

Signing of documentation:

The Care Worker Agency will ensure customers and/or their representatives are provided with copies of care plans and risk assessments and that the parties involved are able to sign confirming their agreement and indicating consent to any plan of care. In the event of the customer being unable to sign due to chronic arthritis for example, we will gain verbal consent and document this in our care planning data. We will also liaise with the POA and NOK where appropriate and applicable.

Our staff:

The company has a comprehensive induction and training programme for care workers which includes ensuring staff understand the principles of respect, dignity, choice and independence and the importance of customers’ involvement and consent relating to their care. Staff receive training in accordance with the nationally recognised induction standards set by Skills for Care and training in mandatory areas to promote the safety and well-being of customers as per The Care Certificate.

Related Policies:

Care at home

Care Planning

Code of Practice

Confidentiality

Dignity

Emergency Aid

Equality and Diversity

Information sharing

Incident and accident reporting

Risk Assessment

Appendix 1

MENTAL CAPACITY ACT

The Mental Capacity Act 2005 aims to empower and protect people who may not be able to make some decisions for themselves. To protect against poor practice, the Mental Capacity Act 2005 (MCA) was initiated and it came into full effect in October 2007.

The MCA can apply to anyone who is aged 16 or older in England and Wales and has five principles which should be applied in any situations where mental capacity is an issue:

1.   Every adult has the right to make his or her own decisions and must be assumed to have capacity to do so, unless it is proved otherwise

2.   People must be supported as much as possible to make a decision before anyone concludes that they cannot make their own decision

3.   People have the right to make what others might regard an unwise or eccentric decision

4.   Anything done for, or on behalf of, a person who lacks mental capacity must be done in their best interests

5.   Anything done for, or on behalf of, a person who lacks mental capacity should be the least restrictive of their basic rights and freedoms

A number of factors were identified by people as being helpful when expressing their wants and needs and making their own decisions. These were:

• Communicating through preferred means – having the choice to communicate in the way they feel most comfortable, whether this be verbal, through writing or other creative means

• Being heard - it was important to customers that the people around them really listened to what they had to say. By feeling listened to, they believed their opinions had been understood and were valued

• Familiarity and trust - trust was often built through familiarity with others and a feeling of knowing those around you well

• Particular service and staff qualities - it was felt that expressing ones’ wants and needs is easier when staff are good communicators, good listeners, are down-to-earth and respond to individual needs. A warm, welcoming and safe service environment is also helpful.

The factors people felt hindered them in expressing their wants and needs and making their own decisions were:

• Lack of confidence – people said they were less likely to make decisions or express their wants and needs in situations where they felt unconfident. Some talked instead of trying to hint to others about what they want, without openly expressing it

• Prejudice and stigma - some people with mental health problems felt disempowered by the prejudice and stigma they experienced as a consequence of their mental health problem, and believed this had an impact on their ability to express themselves and make decisions.

(Whose Decision? Mental Health Foundation 2008)

Reviewed April 2025 by Fay Townsend-Jackson