2.2 Consent & Capacity Adults Policy | Governance | Haus of Ästhetik

Consent & Capacity Policy

Haus of Ästhetik Ltd


Category: Safe (Preventing Harm & Protecting Patients)

Effective Date: 6th October 2025

Review Date: 6th October 2026

Approved by: Managing Director, Governance & Assurance Officer, and Designated Safeguarding Lead

Responsible Person for Policy: Michelle Caudren (DSL)

Version: 2.2

Previous Versions: 2.1 (28 Sept 2025), 2.0 (28 Sept 2025), 1.0 (10 May 2025)

 

1. Purpose

Haus of Ästhetik ensures that informed consent is obtained, capacity is assessed, and all decisions are documented in line with:

  • Mental Capacity Act 2005 & Code of Practice

  • CQC Regulation 11 – Need for Consent

  • CQC Regulation 13 – Safeguarding

  • Health and Social Care Act 2008 (Regulated Activities) Regulations 2014

  • NICE NG108 – Decision Making and Consent

  • The Botulinum Toxin and Cosmetic Fillers (Children) Act 2021

  • Save Face Clinical Standards

  • GMC/NMC/GDC/HCPC Professional Standards

This policy integrates safeguarding duties, medicines governance, and consent, ensuring all care is lawful, ethical, and safe.

 

2. Scope

Applies to:

  • All clinical staff providing treatments

  • Contractors, agency staff, and temporary practitioners

  • Senior Leadership Team (MD, GAO, DSL)

  • All patients, including those aged 13–17 (acne treatment only)

 

3. Legal & Regulatory Requirements

3.1 Mental Capacity Act (MCA)

  • Presume capacity unless assessed otherwise.

  • Capacity is lacking if patient cannot: understand, retain, weigh, or communicate information.

  • Best interests decisions follow MCA principles.

3.2 Regulation 11 – Consent

  • Consent must be informed, voluntary, specific, and documented.

  • Refusals and withdrawals must be respected.

3.3 Safeguarding

  • If GP record-sharing is refused or coercion suspected → treatment does not proceed.

  • Safeguarding risks escalated to DSL.

 

4. Consent Process

4.1 Principles

Valid consent is:

  • Voluntary – free from coercion/undue influence.

  • Informed – patient understands risks, benefits, alternatives.

  • Specific – applies to the exact treatment.

  • Documented – written consent required before treatment.

4.2 Process

  • Consultation: risks, benefits, alternatives explained; written info provided.

  • Cooling-off:

    • Anti-wrinkle treatments: 24-hour mandatory cooling-off before treatment.

    • Other aesthetic treatments: patient may proceed at their discretion, provided informed discussion has taken place, no undue influence is applied, and they are offered the opportunity to delay if desired.

  • Capacity check: open questions, comprehension confirmed verbally and in writing.

  • Consent form completion: signed by patient, countersigned by practitioner, securely stored.

  • Post-treatment: ongoing consent confirmed for aftercare, documented in notes.

 

5. Special Considerations

5.1 Patients Aged 13–17

  • Only acne treatments permitted (chemical peels, LED, topical regimens).

  • Gillick competence assessment required.

  • Parental consent also required – both must be in place.

  • DSL notified for all new under-18 cases or if coercion suspected.

5.2 Medicines Requiring GP Records (e.g., GLP-1)

  • GP record summary mandatory.

  • Explicit consent to GP record-sharing required.

  • If refused or GP declines → treatment will not proceed; patient referred back to GP.

  • Consent includes agreement to validated monitoring (weight, height, BP). If monitoring cannot be assured → treatment does not proceed.

5.3 Mental Health Concerns / BDD

  • Screening for psychological vulnerability.

  • No treatment if unrealistic expectations, compulsive behaviours, or unsafe decision-making present.

  • Referral to GP or specialist where concerns identified.

5.4 Patients Under Influence of Drugs/Alcohol

  • Consent invalid if impaired. Appointment rescheduled; concern documented.

5.5 Emotional Vulnerability

  • If decision influenced by distress (bereavement, divorce, coercion), treatment postponed and cooling-off period enforced.

 

6. Refusal & Withdrawal of Consent

  • Patients may withdraw consent at any stage.

  • Refusals/withdrawals documented and signed where possible.

  • If withdrawal suggests coercion or exploitation → DSL notified.

 

7. Documentation & Record-Keeping

  • Consent recorded via Insync Consent (ID verification, webcam check).

  • Written patient information sheets provided for each treatment; signed alongside consent forms.

  • MCA 4-stage checklist completed if capacity concerns arise.

  • Gillick/Fraser assessments retained for under-18s.

  • Refusals, withdrawals, and GP sharing refusals logged in records.

 

8. Staff Training & Monitoring

  • Clinical staff: annual Consent & Capacity training.

  • Non-clinical staff: safeguarding awareness in consent processes.

  • DSL reviews training matrix annually.

  • GAO conducts quarterly consent record audits; findings feed into Risk Register and Corrective Action Plans reviewed at Governance Meetings.

 

9. Oversight & Governance

  • Policy owner: DSL (Michelle Caudren).

  • Approved by MD, GAO, DSL.

  • Quarterly governance reviews audit consent compliance; cross-referenced with safeguarding and incident reporting.

10. Review

  • Reviewed annually or sooner if legislation/regulation changes.

  • Staff updated within 14 days; training log updated with acknowledgment.

 

11. Conclusion

This policy ensures consent is lawful, informed, and integrated with safeguarding and governance. By embedding cooling-off periods, MCA checklists, GP-sharing requirements, accessibility measures, and quarterly audit, Haus of Ästhetik demonstrates compliance with CQC Regulations 11 and 13.

  • Anti-wrinkle treatments: mandatory 24-hour cooling-off.

  • All other aesthetic treatments: patient may proceed at discretion, provided no coercion or undue influence is present, and informed decision-making is assured.