Independent guidance for England · Content version: 1 November 2026Pre-launch review
Regulation 11 · Fundamental standards

Need for consent

Consent is a continuing decision about particular care or treatment. A signed form alone does not establish that the person understood the decision, had the relevant capacity or agreed freely to what was provided.

EnglandContent version: 1 November 2026Independent guidance

Check the scope

Registered providers and managers carrying on regulated activities in England. Different legal rules can apply to children, people lacking capacity and treatment under mental-health legislation.

Legal requirement

What the law requires

  • Provide care and treatment only with the consent of the relevant person, subject to the statutory exceptions.
  • For a person aged 16 or over who lacks capacity for the relevant decision, act in accordance with the Mental Capacity Act 2005.
  • Where Parts 4 or 4A of the Mental Health Act 1983 apply, act in accordance with those provisions. A relative’s involvement does not by itself establish legal authority to consent.
Published regulatory guidance

What CQC expects

  • CQC guidance expects an understandable explanation of the proposed care, risks, benefits and alternatives, given by someone with appropriate knowledge.
  • People should be able to ask questions, refuse or withdraw consent without pressure. Communication support and capacity assessment should relate to the particular decision.
CQCaudit practical recommendations

Suggested checks for your review

  • Sample decisions with different levels of complexity and trace how information, understanding and agreement were established before care.
  • Where capacity was questioned, check the assessment, support offered, lawful decision-making route and review when circumstances changed.
  • Check staff responses to refusal and whether any representative’s authority and its limits were verified.

Illustrative evidence

Choose evidence relevant to the actual service and risk. These examples are not a universal list of documents required by CQC.

  • Decision-specific consent discussions and accessible information supplied to the person.
  • Capacity assessments, best-interests records and verified authority where applicable.
  • Records of refusals, alternatives considered and changes to the care plan.

Potential gaps to check

  • A general admission form is relied on for later decisions without a fresh discussion.
  • A diagnosis is treated as proof of incapacity, or a family relationship is treated as automatic authority.
  • Consent records describe a procedure but omit material choices, communication support or the person’s questions.

Sources and review

  1. cqc.org.uk — Regulation 11 (opens in a new tab)
  2. legislation.gov.uk — Uksi · 2014 · 2936 · regulation · 11 (opens in a new tab)
  3. legislation.gov.uk — Ukpga · 2005 · 9 · contents (opens in a new tab)

Content version: 1 November 2026. Next planned review 1 December 2026. Check current primary sources before relying on a requirement.

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Related guidance and next steps

Content version: . Named expert review remains pending for public launch.

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