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

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This is the original version (as it was originally made).

Person-centred care

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9.—(1) The care and treatment of service users must—

(a)be appropriate,

(b)meet their needs, and

(c)reflect their preferences.

(2) But paragraph (1) does not apply to the extent that the provision of care or treatment would result in a breach of regulation 11.

(3) Without limiting paragraph (1), the things which a registered person must do to comply with that paragraph include—

(a)carrying out, collaboratively with the relevant person, an assessment of the needs and preferences for care and treatment of the service user;

(b)designing care or treatment with a view to achieving service users’ preferences and ensuring their needs are met;

(c)enabling and supporting relevant persons to understand the care or treatment choices available to the service user and to discuss, with a competent health care professional or other competent person, the balance of risks and benefits involved in any particular course of treatment;

(d)enabling and supporting relevant persons to make, or participate in making, decisions relating to the service user’s care or treatment to the maximum extent possible;

(e)providing opportunities for relevant persons to manage the service user’s care or treatment;

(f)involving relevant persons in decisions relating to the way in which the regulated activity is carried on in so far as it relates to the service user’s care or treatment;

(g)providing relevant persons with the information they would reasonably need for the purposes of sub-paragraphs (c) to (f);

(h)making reasonable adjustments to enable the service user to receive their care or treatment;

(i)where meeting a service user’s nutritional and hydration needs, having regard to the service user’s well-being.

(4) Paragraphs (1) and (3) apply subject to paragraphs (5) and (6).

(5) If the service user is 16 or over and lacks capacity in relation to a matter to which this regulation applies, paragraphs (1) to (3) are subject to any duty on the registered person under the 2005 Act in relation to that matter.

(6) But if Part 4 or 4A of the 1983 Act applies to a service user, care and treatment must be provided in accordance with the provisions of that Act.

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