Policy

Consent & Capacity Policy

Obtaining, recording and reviewing consent and assessing mental capacity across ADHD assessment, diagnosis and shared-care prescribing

For ADHD ClinicRef BS-ADH-POL-004See a sample (PDF) →
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  • Instant download after checkout
  • Editable Microsoft Word (.docx)
  • Mapped to the CQC standards
  • Optional 3-monthly updates

What's inside

This policy is fully drafted and structured, ready to brand and complete for your service. It covers:

  • 1. Purpose
  • 2. Scope
  • 3. Policy statement
  • 4. Definitions
  • 5. The three elements of valid consent
  • 6. Obtaining and recording consent in ADHD pathways
  • 7. Assessing mental capacity
  • 8. People who lack capacity and best-interests decisions
  • 9. Children and young people
  • 10. Refusal and withdrawal of consent
  • 11. Roles and responsibilities
  • 12. Training
  • 13. Records, monitoring and audit
  • 14. Related documents
  • 15. Appendix A - ADHD medication consent record
  • 16. Appendix B - Consent and capacity audit checklist
  • 17. Version control and review
  • 18. Disclaimer

Legislation & standards it maps to

  • Health and Social Care Act 2008 (Regulated Activities) Regulations 2014 - Regulation 11 (Need for consent), Regulation 9 (Person-centred care), Regulation 10 (Dignity and respect)
  • Mental Capacity Act 2005 and its Code of Practice (statutory)
  • Mental Capacity (Amendment) Act 2019 (Liberty Protection Safeguards framework)
  • Care Quality Commission (Registration) Regulations 2009
  • UK General Data Protection Regulation and Data Protection Act 2018
  • Human Rights Act 1998 (Articles 3, 5 and 8)
  • Children Act 1989 and Gillick competence / Fraser guidelines (case law) for under-18 services
  • Misuse of Drugs Act 1971 and Misuse of Drugs Regulations 2001
  • General Medical Council 'Decision making and consent' (2020) guidance

Who it applies to

All clinical staff, prescribers, ADHD assessors, titration nurses, psychologists, administrative and reception staff, locums, students and contractors acting for [Organisation Name]

Glossary

Plain-English explanations of the technical terms and legislation used in this document.

ADHD (Attention Deficit Hyperactivity Disorder)
A condition affecting attention, activity levels and impulse control that can continue into adulthood.
Atomoxetine / guanfacine
Non-stimulant medicines used to treat ADHD when a stimulant is unsuitable or not preferred.
Best interests
A decision made for someone who cannot decide for themselves, choosing the option that is best for them.
Caldicott Guardian
The senior person responsible for protecting the confidentiality of people's health and care information.
Capacity (mental capacity)
Whether a person can understand and make a particular decision for themselves at the time it needs to be made.
Cardiovascular monitoring
Checking the heart and circulation (such as blood pressure and pulse) because ADHD stimulants can affect them.
Care Quality Commission (CQC)
The independent regulator of health and social care services in England.
Chaperone
A trained person present during an intimate examination to support and protect the patient and the clinician.
Collateral history
Background information gathered from someone other than the patient, such as a family member or school, to support assessment.
Contemporaneous record
A note written at the time of, or immediately after, the event it describes.
Controlled drug (CD)
A medicine whose supply, storage and records are tightly restricted by law because of its potential for misuse.
Court of Protection
The court that makes decisions about the property, finances, health and welfare of people who lack mental capacity.
Data Protection Act 2018
The UK law that sets the rules for handling people's personal information, working alongside the UK GDPR.
Data Protection Officer (DPO)
The person who advises an organisation on following data-protection law and handling personal information correctly.
Deputy
A person appointed by the Court of Protection to make certain decisions for someone who lacks mental capacity.
Diversion (of medicines)
When prescribed medication is passed on, sold or used by someone other than the patient it was intended for.
DIVA-5 / QbTest / Conners
Recognised tools and questionnaires used to help assess and diagnose ADHD.
Donee of a Lasting Power of Attorney
A person legally chosen to make decisions on someone's behalf if that person loses capacity to decide.
Driver and Vehicle Licensing Agency (DVLA)
The government body responsible for driver licensing, which must be told about certain medical conditions and treatments.
Duty of candour
The legal duty to be open and honest with a person and their family when something goes wrong with their care.
Electrocardiogram (ECG)
A simple test that records the heart's electrical activity, sometimes done before starting ADHD medication.
General Medical Council (GMC)
The body that registers doctors in the UK and sets the standards they must follow.
General practitioner (GP)
A family doctor who provides everyday medical care and can take part in shared-care prescribing.
Gillick competence
The standard for judging whether a child under 16 understands enough to consent to their own treatment.
Independent Mental Capacity Advocate (IMCA)
A trained advocate appointed to represent a person who lacks capacity and has no one else suitable to consult.
Informed consent
Agreement to treatment given freely after the risks, benefits and alternatives have been clearly explained.
Lasting Power of Attorney (LPA)
A legal document letting a person appoint someone to make decisions for them if they lose mental capacity.
Least restrictive option
The choice that achieves the necessary aim while interfering as little as possible with a person's rights and freedom.
Liberty Protection Safeguards (LPS)
A legal framework, replacing earlier safeguards, for authorising care arrangements that deprive a person of their liberty.
Mental Capacity Act 2005
The law that protects and supports people who may be unable to make particular decisions for themselves.
Methylphenidate / lisdexamfetamine / dexamfetamine
Stimulant medicines, classed as controlled drugs, commonly used to treat ADHD.
Misuse of Drugs Regulations 2001
The law setting out how controlled drugs may lawfully be prescribed, supplied, stored and recorded.
Montgomery v Lanarkshire Health Board
A court ruling that means patients must be told about the risks they personally would consider significant.
Nominated Individual
The senior person responsible to the regulator for supervising how a service is provided.
Office of the Public Guardian
The body that registers and oversees Lasting Powers of Attorney and court-appointed deputies.
Parental responsibility
The legal rights and duties a parent or carer has to make decisions about a child's upbringing and care.
Records Management Code of Practice
National guidance on how long health and care records should be kept and how they should be managed.
Registered Manager
The person registered with the regulator as responsible for the day-to-day running of a service.
Regulation 11 (Need for consent)
The rule requiring that care and treatment are only given with the consent of the person concerned (or a lawful proxy).
Safeguarding
Protecting people's health, wellbeing and rights and keeping them safe from abuse, harm or neglect.
Schedule 2 controlled drug
A category of controlled drug, including many ADHD stimulants, subject to strict prescribing and record-keeping rules.
Shared care
An arrangement where a specialist and a GP agree in writing to share responsibility for a patient's prescribing and monitoring.
Single assessment framework
The structure the regulator uses to judge a service, built around quality statements and five key questions (safe, effective, caring, responsive, well-led).
Special-category data
Sensitive personal information, such as health details, that data-protection law gives extra protection.
Titration
Gradually adjusting a medicine's dose to find the level that works best with the fewest side effects.
Two-stage test
The method in the Mental Capacity Act 2005 for deciding whether someone can make a particular decision.
UK General Data Protection Regulation (UK GDPR)
The UK's main data-protection law governing how personal information is collected and used.
Valid consent
Agreement to care that is given voluntarily, with enough information, by someone who has the capacity to give it.

How it works

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  2. Download your editable Word file from the link we email you straight away.
  3. Complete the placeholders for your service, then have it approved before use.
  4. Add the optional updates subscription and we keep it current as guidance changes.

Related documents

PolicyADHD Assessment Policy£54.99
PolicyMedication Management Policy£54.99
PolicySafeguarding Children Policy£54.99
PolicyData Protection Policy£54.99

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