PART 3Requirements in relation to Regulated Activities

SECTION 2Fundamental Standards

Person-centred care9

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.