Capacity and Consent
• Consent must be sought for any referral
• Adults have a legal right to make their own decisions, even if they are
unwise, as long as they have capacity to make that decision and are free
from coercion or undue influence.
• Adult safeguarding should be something the adult chooses to protect
themselves as opposed to something that is done to them unless they lack
capacity to understand the abuse. Remember - this is part of Making
Safeguarding Personal (MSP)
• Specify the potential risks and potential benefits of each feasible option
• Consider emotional and well-being issues relevant to the decision
• Remember the Mental Capacity Act moves away from the status approach,
i.e. "She doesn't have capacity because she has dementia".
• Decisions should be date, time and issue specific
For advice and support with concerns over mental capacity assessment,
please contact the MCA / DoLS team on ext 40555