4.1 Describe links between consent, risk management and safeguarding

This guide will help you answer 4.1 Describe links between consent, risk management and safeguarding.

Consent forms the foundation of good care practice. People must always be involved in decisions about their own lives. This principle comes from laws like the Mental Capacity Act 2005 and is backed by care sector regulations.

Key points about consent include:

• Consent should never be assumed; it must be confirmed every time care or support is given.
• Information shared with the person must be clear and easy to understand.
• The person’s choice to refuse support must be respected unless there is a legal reason not to.

If someone cannot give consent because they do not have capacity, decisions can only be made in their best interests and must follow strict legal rules.

How Consent Relates to Risk Management

In adult care, risk management always involves the person supported. Consent is central because people have the right to take risks. Care plans need to reflect each person’s wishes while keeping them as safe as possible.

For example:

• Someone may want to cook their own meals, even though there is a risk of burns or cuts. Support staff must listen to this wish and build a plan that makes cooking safer, rather than stopping it outright.
• It is not enough to focus on removing risk—staff must balance safety with personal independence and dignity.

Risk management involves:

• Talking with the person about possible dangers.
• Getting consent for plans to reduce those dangers.
• Respecting the person’s choices, even if staff do not agree, unless their choice puts them or others in serious danger.

Positive Risk-Taking is an approach that supports people to make their own choices about risk. It centres on dignity and respects the right to make what may seem like unwise decisions. This process must involve clear consent.

How Consent Connects to Safeguarding

Consent remains important when safeguarding. If someone is at risk of abuse or neglect, they must be offered choice and control over decisions made about their life. Sometimes, a person might not want any action taken or does not want certain people to know about a safeguarding concern.

The Care Act 2014 makes clear that people have the right to stay in control of what happens, unless:

• They lack capacity to make the decision.
• Their decision puts others at risk.
• There is a legal requirement to share information, such as risk of serious harm or a crime.

When someone raises a safeguarding concern, care leaders need to:

• Explain clearly what will happen next.
• Ask how much the person wants to be involved.
• Respect their choices as far as the law allows.

If staff go ahead without consent, they need strong, lawful reasons. For example, a worker might need to act without consent if a person is under severe threat or is unable to understand the risk they face.

How Risk Management Links With Safeguarding

Both risk management and safeguarding aim to keep people safe—but they approach this in different ways.

Risk management is about working with people to reduce everyday dangers. Safeguarding, on the other hand, is focused on preventing and responding to violence, abuse, neglect or exploitation.

Despite these differences, the two processes link closely:

• Both require careful assessment of possible risks.
• Both must always involve the person at the centre, and base decisions on their wishes and needs—getting valid consent.
• Both require records of what actions are taken and why.

Sometimes, risk management finds evidence of harm, which then triggers safeguarding action. Or, a safeguarding enquiry may show the need for more careful risk management in future.

Care leaders play a key role in making sure these processes work together and cover all areas of a person’s well-being.

The Legal and Policy Framework

Many laws influence how consent, risk management, and safeguarding interact. These laws set out what is expected from care leaders and support staff.

Relevant Laws

• The Mental Capacity Act 2005: Protects people unable to make some decisions themselves. It sets out when and how decisions can be made in their best interests.
• The Care Act 2014: Sets down the duty to safeguard adults who cannot protect themselves. It says people must be involved in decisions about their own care.
• The Human Rights Act 1998: Gives every person legal rights, including the right to respect for private and family life.
• Data Protection Act 2018: Protects people’s personal information, including when sharing details during risk or safeguarding assessments.

Policies and Codes

• Providers must have safeguarding and risk policies that explain how to get consent and involve people in their own care.
• Staff should know how to record consent, risk decisions, and safeguarding concerns.

Achieving Balance in Practice

Leaders must help staff find a healthy balance between protecting people and respecting their wishes.

Here are some practical ways consent, risk management, and safeguarding are balanced:

• Making sure decisions about care and risk are made with, not for, the person supported.
• If a person wants to do something that might be risky, staff should discuss how to reduce harm without removing their right to choose.
• Staff must never ignore a safeguarding concern, but they must consider the wishes of the person affected. Information is only shared when legally necessary or when someone’s safety is at risk.

Case Example: Mrs Jones wants to manage her own medication, but there is a risk she will forget her tablets.

• Staff talk to Mrs Jones and explain the risks in simple language.
• Mrs Jones consents to use a pill organiser, which helps her remember, but keeps her sense of independence.
• If Mrs Jones starts to miss doses, her risk increases and staff might need to carry out a safeguarding assessment, involving her in decisions as much as possible.

Consent in Everyday Care

Consent should be checked at every stage. For risk management and safeguarding this means:

• Always asking the person what they want to do about the concern.
• Telling them what could happen if they accept or refuse advice.
• Recording what was said, what consent was given, and the reasons for any decisions.

If a person does not agree to risk management or safeguarding steps, staff should:

• Try to find out why.
• Explain the benefits and dangers in a way they can understand.
• Respect their wishes as long as no one’s safety is unreasonably put at risk.

Documentation is very important. Leaders must make sure all decisions about consent, risk, and safeguarding are written down.

The Manager’s Role

Managers and leaders must:

• Promote a culture where staff respect people’s choices.
• Train staff on the law and best practice in getting and recording consent.
• Oversee risk assessments and safeguarding enquiries to check that people’s wishes are central.
• Build strong links with other professionals, such as GPs or social workers, while respecting confidentiality and consent.
• Support staff to understand competing demands, such as when a person’s choices may put them or others in danger.

They must also review incidents and make improvements if consent, risk management and safeguarding have not linked well in practice.

Challenges When Linking Consent, Risk, and Safeguarding

There can be obstacles:

• A person may refuse support, even when there is real danger.
• Staff may lack confidence when balancing autonomy with safety.
• Family members may want to override a person’s choice.
• People may lack capacity to give informed consent, at least some of the time.
• Cultural or language barriers may make consent harder to check and record.

Managers must support staff through these dilemmas, always referring to the law and clear processes.

Good Practice Tips

• Use clear, simple language when discussing choices, risks, and safety.
• Always check if the person has understood and feels involved.
• Include regular reviews of risk and consent in care planning.
• Recognise when an unwise decision is a person’s choice, not neglect or abuse.
• Seek advice from colleagues or safeguarding leads when unsure.

The Impact on People Using Services

Linking consent, risk management, and safeguarding well brings real benefits:

• People feel respected and in control of their own lives.
• They are more likely to accept care plans and stay safe.
• Trust builds between the person, staff, and other professionals.
• Services meet legal requirements and respond to inspection questions with confidence.

Good leadership means making these links clear in policies, practice, and culture.

Final Thoughts

Consent, risk management, and safeguarding are closely connected in adult care. Getting the link right protects people’s rights, promotes safe and effective care, and fulfils legal and ethical duties. Care leaders must focus on the wishes and safety of each person. They must keep consent at the core, involve people in managing risks, and handle safeguarding concerns with sensitivity and respect. Good leadership supports staff to handle these responsibilities with care and confidence.