UK Health and Social Care Act 2008 (Regulated Activities) Regulations 2014 (CQC Fundamental Standards) 11: Provide care and treatment only with the consent of the relevant person, acting under the Mental Capacity Act where a service user aged 16 or over lacks capacity, and under the Mental Health Act where it applies

What does 11 require?

Care and treatment of service users must only be provided with the consent of the relevant person (the service user, or a person lawfully acting on their behalf). Where a service user is 16 or over and unable to consent because they lack capacity, the registered person must act in accordance with the Mental Capacity Act (capacity assessment, best interests, any lasting power of attorney, deputy or advance decision, and the deprivation of liberty safeguards where relevant); where Part 4 or 4A of the Mental Health Act applies to the service user, the registered person must act in accordance with that Act. Section 5 of the Mental Capacity Act (acts in connection with care or treatment) is preserved.