Managing risk and mental capacity

Risk exists in all areas of life. When you choose to cook a meal there is some level of risk. Will you get food poisoning? Have you developed an allergy? It is impossible to completely negate any risk from your day. Managing risk and mental capacity is crucial when giving clients more control over their lives.

As healthcare professionals, we try to go above and beyond to eliminate as much unnecessary risk as possible. However, we also don’t want to go too far. There will come a point where the attempts to mitigate risk remove the possibility of enjoyment from a client’s life. Therefore, we need to work to manage risk to an extent that still allows for autonomy without any unnecessary risks.

Table of Contents

The right to risk

We all want to keep our loved ones safe, especially when they may have additional needs that can compromise their health and wellbeing. Yet, it is also important that they are given room to express themselves and their choices, as long as they are legal and do not affect the wellbeing of others around them.

We have procedures to follow in situations where greater risk is avoidable but has been chosen by a client who has mental capacity to make decisions.

Risk and mental capacity for junior clients

Although we must adhere to parents’ wishes for any junior clients under 16 years old, we must also take the child’s choices into account. While they may not be old enough to partake in some activities or make some decisions legally, they can have a level of autonomy within their daily lives.

Risk relating to activities for junior clients should be monitored, and precautions taken to try to mitigate harm arising. It is our duty as healthcare providers to explain any risks that the client might face, allowing them to make an informed decision.

Example A

Jeff is a 15-year-old client. He has decided he wants sushi for lunch, which his parents are happy with. He does not have any allergies. His Healthcare Assistant, Winston, explains the risks of eating raw fish. Jeff decides he still wants to eat the sushi. Winston cannot stop Jeff from making this decision. Instead, he must document it within his care notes and, if necessary, complete an incident form. This helps to create a timeline of events and protects the client and Healthcare Assistant if something does go wrong.

Risk and mental capacity for adult clients

 

Adults with mental capacity can make their own decisions regarding the care they receive. While we can put some rules into place, especially regarding laws and our own policies, it is down to the client whether they act accordingly.

An adult client can choose to take risks, refuse care, and alter their care plan as they deem appropriate. The only control we have over this process is whether we continue providing support with those factors in place.

Example B

Bethany is 26 years old and has mental capacity. She has decided to take illegal substances. Due to this, we have a duty of care to safeguard our staff as well as clients. The visits have been cancelled, and the situation and all related documentation have been forwarded to Adult Services and the local safeguarding team. We reported our concerns, following up to ensure Bethany receives support.

Example C

Patrick is 73 years old and is receiving end of life care. Due to this, Patrick has decided to continue smoking cigarettes. We cannot stop Patrick from doing so, and legally he is allowed to smoke. Instead, we state that, as per our policies, Patrick must not smoke when Healthcare Assistants are present. We have explained the risks of smoking to Patrick but, due to him being at an end-of-life stage, these have little effect on his current wellbeing. Patrick makes sure he stops smoking prior to his visits and even opens the windows to let in fresh air. Patrick’s visits will not be cancelled.

Risk without mental capacity

If a client does not have mental capacity, which is concluded via assessments and deprivation of liberty safeguards, they cannot make an informed decision. This means that they would not have the same level of autonomy as the above examples. Instead, decision making may be left to their next of kin. During visits, the Healthcare Assistant may need to manage decisions and risks to ensure the best possible outcome that will keep the client safe and happy.

Mental capacity can be reviewed. Therefore, if a client’s situation improves, we can revisit these assessments to see if enough has sufficiently changed for them to be deemed capable of making decisions.

Why do we allow some risk?

Enabling clients to make their own choices can help them to retain some level of independence. It can be incredibly frustrating to deal with a disability, especially if this has affected your lifestyle. Giving a person their autonomy can help them to feel somewhat in control of the situation and even find enjoyment in their new norm.

Consider all the risks you take each day with the following:

  • Eating and choice of food or drink
  • Cleaning
  • Travelling
  • Exercise and leisure activities

These may be common activities, but each contains some level of risk. Contemplate how boring and monotonous life would be if you always opted for the choice with the lowest level of attached risk. Now, factor in removing your autonomy simply because you require a bit of extra assistance with daily living.

It wouldn’t be fair to do this to a person. Freedom of choice is part of what makes life interesting. We stand by this concept, allowing our clients that freedom, while monitoring and informing of risk along the way.

Additionally, one of the key concepts of domiciliary care is that it should, theoretically, give the client more autonomy than if they were in a residential care home. We inspire to empower our clients to have as much independence as possible, for as long as possible.

How can you support me?

If person-centred care with the freedom to choose, and even take positive risks, sounds like the type of care you want for yourself or your loved one, don’t hesitate to contact us today.

Author

Verity Armstrong

Verity joined Absolute in February, 2025, as our HR & Recruitment Administrator.

With a background in HR, customer service, and marketing, she has taken the lead on crafting digital content.

Outside of work, Verity enjoys woodland walks, cooking, and video games.

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