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Understanding consent and mental capacity

Consent is a core part of safe, respectful care at edyn.care. This article explains what consent means in practice, your responsibilities as a carer, and what to do if someone refuses care or may lack capacity.

Jonny Bottomley avatar
Written by Jonny Bottomley
Updated over 3 weeks ago

What do we mean by consent?

Consent means the care recipient agrees to care or support after:

  • Understanding what is being offered

  • Having time to consider it

  • Feeling free to say yes or no

Consent is:

  • Person-led

  • Ongoing (not a one-off)

  • Specific to each task

Someone can consent to one thing and refuse another — both must be respected.


Your responsibilities as a carer

You must always:

  • Ask for consent before providing care

  • Explain what you are about to do in clear, simple language

  • Check the person is comfortable and understands

  • Respect the person’s right to refuse or change their mind

  • Record consent or refusal in daily notes where required

  • Raise concerns promptly if consent is unclear or withdrawn

Consent applies to all care, including:

  • Personal care

  • Medication support

  • Mobility support

  • Observations and checks

  • Assistance with daily living tasks


Supporting people with Learning Disabilities or Autism

Some people may need extra support to give informed consent.

You must:

  • Use the person’s preferred communication method

  • Allow extra time to process information

  • Reduce sensory distractions where possible

  • Use visual aids, easy-read explanations, or demonstrations

  • Avoid rushing or repeating questions in a pressuring way

👉 Never assume someone lacks capacity because they have LD or Autism, communicate differently, or make an “unwise” choice.


What if someone refuses care?

People have the right to refuse care if they have capacity.

If someone refuses:

  1. Stay calm and respectful

  2. Check they understand what’s being offered and why

  3. Give them time and space

  4. Do not force or pressure them

  5. Record the refusal

  6. Inform the care management team if refusal:

    • Puts them at risk

    • Is repeated

    • Is new or unexpected

Never force care — this may be unlawful and unsafe.


Mental capacity: what carers need to know

Capacity is decision-specific and can change over time.

A person may lack capacity for one decision but not others.

As a carer:

  • You do not decide capacity formally

  • You do raise concerns if you believe someone may not understand a decision

  • You must follow guidance from care management once a capacity assessment or best-interest decision is in place

If someone lacks capacity, decisions are made under the Mental Capacity Act, in their best interests, with proper authorisation.


Best interest decisions & representatives

If a person lacks capacity:

  • Decisions may be made by:

    • A legally appointed representative (LPA / Deputy), or

    • A best-interest decision following formal process

As a carer:

  • Follow the care plan exactly

  • Do not go beyond what is authorised

  • Raise concerns if something feels unclear or unsafe


Consent and medication

Before giving medication, you must:

  • Confirm consent at the time of administration

  • Check the person understands what the medication is for (where possible)

  • Respect refusal and follow the medication policy

  • Record refusals accurately and escalate if repeated

Covert medication is never allowed unless formally authorised — this will always be clearly documented.


Recording consent

You should:

  • Record consent or refusal in daily notes where relevant

  • Follow any instructions in the care plan

  • Note any communication aids or adjustments used

  • Report changes in consent, understanding, or behaviour

Good records protect:

  • The care recipient

  • You

  • edyn.care


When to escalate immediately

Contact the care management team if:

  • Someone repeatedly refuses essential care

  • You believe someone may lack capacity

  • Consent suddenly changes

  • There is disagreement or distress around care

  • You feel pressured to provide care without consent


Key reminders

  • Consent is about respect and dignity, not just compliance

  • Consent can be withdrawn at any time

  • LD or Autism does not mean lack of capacity

  • When in doubt — pause and escalate


Need help or advice?

If you’re unsure about consent in any situation, contact the care management team straight away via out help centre chat messenger or email:

It’s always right to ask.

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