CQC Regulation 11 · Need for consent

CQC Regulation 11: need for consent

Regulation 11 requires that care and treatment is only provided with the consent of the relevant person. Where someone lacks the mental capacity to consent to a specific decision, the provider must act in line with the Mental Capacity Act 2005.

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Last reviewed: 28 September 2026. Independent guidance from AJG Advisory — not official CQC guidance. Always check the official sources listed below for current requirements.

Who it applies to

All CQC-registered providers. It matters most where people may have fluctuating or impaired capacity — for example people living with dementia, a learning disability or a mental health condition.

What providers should consider

Is consent sought and recorded for care, medication support, photographs and information sharing?
Are mental capacity assessments decision-specific and time-specific?
Are best-interest decisions recorded with who was consulted?
Is a Lasting Power of Attorney checked (type and registration) before relying on it?
Where restrictions may amount to a deprivation of liberty, has the correct legal process been followed?

What evidence may be relevant

Signed or recorded consent in care files
Mental capacity assessments and best-interest records
Copies or verification of LPA documents
MCA training and competency records

Common areas to review

Blanket capacity statements ('lacks capacity') without a specific decision
Family members signing consent without legal authority
Covert medication without a documented best-interest process

Internal audit questions

1.In sampled files, is consent recorded for each key area of care?
2.Are capacity assessments linked to a specific decision?
3.Where someone else consented, is their legal authority verified?
4.Have staff completed MCA training, and can they explain the principles?

Practical checklist

Consent recorded for care, medication and information sharing
Decision-specific capacity assessments where needed
Best-interest decisions documented with consultees
LPA status verified and filed
MCA training up to date

How MyCareCompliance can help

The MCA / Consent / Best Interests audit in the library samples files against these points. Shortfalls become actions, and training renewals are tracked in workforce compliance.

Official sources

MyCareCompliance is founded by Jack Green, ACC Accredited Care Consultant, with over 10 years in adult social care and registered manager experience. Read Jack’s background.

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Improvement action plan with owners, priorities and due dates — Improvement plan — findings become actions with an owner and a deadline.

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