Reading List

A curated Reading List to support and extend learning from Consent for Residential Care Staff.

This Reading List supports UK-wide consent practice. It includes England and Wales Mental Capacity Act material, England regulator expectations, NICE guidance, and four-nations signposting for Scotland, Wales, and Northern Ireland where legal frameworks and local arrangements differ.

1. Core Consent, Capacity, and Regulator Guidance

• CQC - Regulation 11: Need for consent
  The key CQC regulation for consent to care and treatment. Useful for understanding that consent must be informed, ongoing, and supported in ways people can understand, and that refusal or withdrawal of consent must be respected.
  https://www.cqc.org.uk/guidance-regulation/providers/regulations-service-providers-and-managers/health-social-care-act/regulation-11

• CQC - Consent to care and treatment
  An adult social care specific CQC page setting out the questions inspectors consider around consent, capacity assessment, best interests, restraint, and deprivation of liberty.
  https://www.cqc.org.uk/guidance-providers/adult-social-care/consent-care-treatment

• GOV.UK - Mental Capacity Act Code of Practice
  The statutory Code of Practice for England and Wales. Essential reading for anyone supporting adults who may lack capacity to make some decisions for themselves.
  https://www.gov.uk/government/publications/mental-capacity-act-code-of-practice

• NICE - Decision-making and mental capacity (NG108)
  Current NICE guidance for health and social care practitioners on supported decision-making, accessible information, capacity assessment, and best interests practice.
  https://www.nice.org.uk/guidance/ng108

2. Practical Mental Capacity Resources for Frontline Staff

• GOV.UK - Making decisions: a guide for people who work in health and social care
  A practical guide that translates the Mental Capacity Act into everyday work. Especially helpful for the five principles, decision-specific capacity, best interests, and consultation duties.
  https://www.gov.uk/government/publications/health-and-social-care-workers-mental-capacity-act-decisions/making-decisions-about-your-health-welfare-or-finances

• GOV.UK - Checking mental capacity
  A shorter official summary of the functional test for capacity and the reminder that capacity can change over time and by decision.
  https://www.gov.uk/make-decisions-for-someone/assessing-mental-capacity

• GOV.UK - Health and welfare attorneys
  Useful when a resident has a Lasting Power of Attorney. Explains what health and welfare attorneys can decide, when they can act, and how their authority relates to care staff and treatment decisions.
  https://www.gov.uk/manage-lasting-power-attorney/health-welfare

• NHS - Advance decision to refuse treatment
  A clear official explanation of advance decisions, including when they apply and the extra rules for refusing life-sustaining treatment. Helpful for understanding limits as well as rights.
  https://www.nhs.uk/conditions/end-of-life-care/advance-decision-to-refuse-treatment/

3. Restrictions, Restraint, and Deprivation of Liberty

• CQC - Mental Capacity Act and Deprivation of Liberty Safeguards
  A useful overview of CQC's role in monitoring Mental Capacity Act and DoLS use in England. Helpful for care home staff who need to understand when more formal legal safeguards may be needed.
  https://www.cqc.org.uk/guidance-providers/all-services/mental-capacity-act-deprivation-liberty-safeguards

• GOV.UK - Mental Capacity Act 2005: Deprivation of Liberty Safeguards
  Official DoLS resources for health and care professionals. Useful for confirming that DoLS remains the current authorisation route for care homes and hospitals in England and Wales where the criteria are met.
  https://www.gov.uk/government/collections/dh-mental-capacity-act-2005-deprivation-of-liberty-safeguards

• CQC - Deprivation of Liberty Safeguards (State of Care 2024/25 focus)
  A current official CQC discussion of DoLS practice, pressures, and why lawful authorisation and good best interests work still matter in care homes and hospitals.
  https://www.cqc.org.uk/publications/major-report/state-care/2024-2025/focus/dols

4. Four-Nations Signposting

• Law Wales - Key legislation (social care)
  Useful for confirming the wider Welsh social care legislative context, including the Mental Capacity Act 2005, the Social Services and Well-being (Wales) Act 2014, and the Regulation and Inspection of Social Care (Wales) Act 2016.
  https://law.gov.wales/key-legislation-social-care

• GOV.WALES - Preparing for the implementation of the Liberty Protection Safeguards
  A Welsh Government page explaining LPS planning and noting that the UK Government did not bring forward the legislation needed for implementation. Helpful for avoiding the mistaken assumption that LPS has replaced DoLS.
  https://www.gov.wales/preparing-implementation-liberty-protection-safeguards

• gov.scot - Adults with Incapacity (Scotland) Act 2000 code of practice materials
  Useful Scotland-facing reading for staff who need the Scottish framework rather than the Mental Capacity Act 2005. The code materials explain principles, authority, consultation, and recording in incapacity-related decisions.
  https://www.gov.scot/publications/adults-incapacity-scotland-act-2000-code-practice-local-authorities-exercising-functions-under-2000-act/

• Department of Health Northern Ireland - Mental Capacity Act Code of Practice and other key documents
  A practical Northern Ireland entry point for the Mental Capacity Act (Northern Ireland) 2016, including code material and deprivation of liberty documents.
  https://www.health-ni.gov.uk/articles/mental-capacity-act-code-practice-and-other-key-documents

• Department of Health Northern Ireland - Mental Capacity Act FAQs
  Helpful for understanding how the Northern Ireland framework approaches capacity, restraint, and deprivation of liberty across different care settings.
  https://www.health-ni.gov.uk/articles/mental-capacity-act-faqs

Use this Reading List to strengthen everyday consent practice, improve supported decision-making, and recognise when local policy, legal advice, safeguarding input, or specialist mental capacity guidance is needed.