Mental Capacity, Consent and Decision-Making Audit - Supported Living

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  • Is there a clear policy covering mental capacity, consent, and decision-making aligned with the Mental Capacity Act 2005?
  • Are all staff trained in the five principles of the Mental Capacity Act and how to apply them in day-to-day practice?
  • Are capacity assessments completed for specific decisions and recorded clearly with time, context, and outcome?
  • Are best interest decisions documented with input from the person (where possible), advocates, and relevant professionals?
  • Are support strategies in place to help individuals understand decisions before assuming lack of capacity (e.g., visuals, easy-read, time)?
  • Are decisions around care, tenancy, finances, and risk-taking regularly reviewed for capacity and consent?
  • Are staff aware of and using the least restrictive approach when supporting people who lack capacity?
  • Are fluctuating capacity and decision-specific variations considered and reviewed dynamically in the care plan?
  • Are Lasting Power of Attorney (LPA) or deputyship arrangements clearly recorded and verified for scope and validity?
  • Are tenants supported to make their own decisions wherever possible, including those that involve positive risk-taking?
  • Are consent forms completed, signed, and regularly reviewed for areas such as care, medication, sharing information, and access?
  • Are verbal consent and choices respected for daily tasks and activities where formal written consent is not required?
  • Are advanced decisions or wishes recorded and respected in long-term care and health planning?
  • Is there a clear process for escalating concerns around capacity, including potential safeguarding or coercion issues?
  • Are staff aware of how to challenge unlawful or overly restrictive decisions made by others?
  • Are best interest meetings conducted in line with guidance and attended by the right people?
  • Is information about consent and decision-making provided to tenants in accessible and inclusive formats?
  • Are residents encouraged to involve advocates or family members in decision-making when they choose to?
  • Is the use of restrictive practices or significant decisions (e.g., financial limits, medication prompting) assessed for capacity implications?
  • Are staff aware of tenants’ rights under tenancy law and how these interact with care-related decision-making?
  • Are DoLS or Liberty Protection Safeguards (LPS) requirements considered in complex or 24/7 support settings?
  • Are care plans clear on which decisions a person can make and how support should be offered to enable them?
  • Are capacity and consent regularly reviewed as part of care reviews or following incidents?
  • Are mental capacity and consent documentation stored securely and accessible for audits and inspections?
  • Are decisions about lifestyle, risk, or refusal of support approached with respect for the tenant’s autonomy and legal rights?
  • Are mental capacity processes reviewed in audits or governance to ensure compliance and best practice?