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Supporting people to make decisions about their care

Written by Dr Grace Krause and edited by Dr Eleanor Johnson and Dr Kat Deerfield

August 2024

Everyone deserves to make decisions about their own life. In this evidence summary, we highlight relevant and up-to-date research on supporting adults who access care and support services to make decisions about their care. We consider the importance of values and understanding, providing time, positive risk taking, and communication in supporting people to make decisions.

Introduction

Everyone in Wales deserves to make decisions about their own lives. Sometimes, people accessing care and support services feel that their voices don’t really matter or that they don’t have control over their own care and support. This feeling of powerlessness stands in contrast to one of the fundamental principles of the Social Services and Well-being (Wales) Act 2014, which states that every person accessing care deserves to have a voice in, and control over, their support.

Research evidence shows that having more control over one’s own life and care improves mental and physical well-being in people accessing care and support (Krist et al., 2017; McGovern, 2015; Kim and Park, 2017; Kloos et al., 2019; Doyle et al., 2013; Bunn et al., 2018; Tambuyzer et al., 2014). There’s also some evidence that staff working in care settings where the people they support have more autonomy similarly experience higher rates of well-being (Krist et al., 2017; McGovern, 2015). This evidence summary presents research on how to support adults to make decisions and have control over their care.

Social theory can help us think about what it means for people to have control over their lives and how having that control can increase well-being. Social theory here means a set of ideas that help us understand why things happen in the way they do. Social theory also helps us to think about how we might promote change. In this evidence summary, we look at how things like providing people with enough time to make decisions, building good relationships, having a nuanced understanding of risk, and providing accessible information can empower people to make decisions about their care.

What do we mean by making decisions?

It might seem obvious that people should be able to make decisions about their own care. But it’s important to think about the different things that being able to make decisions might include. For example, it can be helpful to think about the different areas of life that people have to make decisions about. Alison Tarrant (2022), in her research on how disabled people’s organisations talk about what it means to live independently in Wales, looked at the importance of agency. Having agency means feeling like you have control over things in your life (Cole, 2019). Tarrant (2022) found that there were three levels of agency:

1. Personal agency

Personal agency is about having choice and control over your own life and things that affect you. This includes things like choosing who supports you and having direct access to money.

2. Social agency

Social agency is about everything that enables people to live a fulfilled life and take part in everyday activities and relationships. This means living in their own homes and communities, access to employment opportunities, friendships, and romantic relationships.

3. Citizenship

Finally, people have a right to exist as full citizens in the world. This form of agency is less concrete than the others but it’s just as important. It includes making people aware of their rights, specifically their right to access the care and support they need to realise their personal and social agency.

Exploring these three forms of agency also means looking at people in relation to one another. Other academics and advocates have pointed out that we need to think of people as living in communities, and within a society where we all depend on each other.

Seeing people as interconnected also allows us to understand how different forms of agency are related and how improving people’s sense of belonging also improves choice and control. While having control over everyday things is important, choice and control are also things that are achieved collectively. McConnell et al.’s (2020) study on how to empower people with dementia found that “empowerment groups” where people could build a shared identity were important for people to feel more in control over their lives and care. Similarly, self-advocacy groups for people with a learning disability have been shown to have an important role in helping people develop new, positive identities (Anderson and Bigby, 2017). Using Tarrant’s (2022) terms, self-advocacy gives people a way to express social agency and citizenship, but it also improves their sense of personal agency.

Tarrant has argued that sometimes ideas like inclusion or independent living are oversimplified by academics and others. Specifically, work looking at independence sometimes doesn’t show a deep enough understanding of the different forms of agency that are important in someone’s life. Instead, it can focus on a narrow idea of choice. As a result, this type of academic study can also struggle to inform practice. Jackson (2015) also argues that some academics and activists have an understanding of rights and independence that are too narrow, only looking at the individual, rather than thinking about how we’re all connected to other people.

This can lead to advocacy and support not working for some people. For example, for people with a learning disability having agency might mean having different kinds of support. Instead of seeing agency as only relating to individual control, Jackson argues that we also need to take structural factors into account. These factors are things like the beliefs people have, the way social care is regulated, and the effect of financial pressures on social care.

Social care decision making in legislation and guidance

There are several pieces of legislation in Wales that are frameworks for promoting people’s human rights, choice, and control over their lives and care. Taken together, these pieces of legislation make it clear that people should be supported to make decisions about their own lives.

Social Services and Well-being (Wales) Act (2014)

The Social Services and Well-being (Wales) Act 2014 promotes a strengths-based approach as a central part of deciding what care a person should have, and as key to delivering that care (Social Care Wales, 2023). The first fundamental principle of the Act is: “Voice and control – putting the individual and their needs, at the centre of their care, and giving them a voice in, and control over reaching the outcomes that help them achieve well-being.” Another principle is co-production. This means that Welsh Government thinks people shouldn’t only have control over their own lives but also over how services are developed and run.

Mental Capacity Act (2005)

The Mental Capacity Act states that people should be evidently and meaningfully involved in their own care planning. Assessments of someone’s mental capacity must follow a specific two stage process outlined in the Act. The Act specifies that it should be assumed that everyone has capacity unless it’s established that they don’t. It also specifies that “all practicable steps” to help people make decisions need to have been “taken without success” before a person is assumed to be unable to make a decision. It’s important to note that the Act acknowledges that people may have different levels of capacity in different situations.

United Nations Convention on the Rights of Persons with Disabilities (2006)

The purpose of the Convention is to promote disabled people’s right to make decisions about their own lives. The first principle of the Convention is “respect for inherent dignity, individual autonomy including the freedom to make one’s own choices, and independence of persons”.

Action on Disability: The Right to Independent Living (2019)

Welsh Government (2019) has committed to embedding the social model of disability into policy in its framework and action plan Action on Disability: The Right to Independent Living. This means that future policies will be focused on removing the barriers that stop people from fully participating in society.

What does research tell us is important when supporting people to make decisions?

Research shows that there are a few important factors to consider when it comes to supporting people to make decisions about their care. These include:

  • the role of workers
  • awareness and training
  • providing time
  • positive risk taking
  • communication and access to information.

The role of workers

A review of different studies found that relationships were the most important part of what made care good or bad for older people using care services (de São José et al., 2016). Social care workers therefore have an important role in enabling people to make decisions about their care. In this section, we present research that looks at interactions between social care workers and the people they support, to find out when these interactions are empowering or disempowering.

A study investigating assisted decision making in older people’s care in Ireland found that strong connections between staff and people using care services were a key factor in enabling decision making (Donnelly et al., 2021). However, busy environments and time restrictions often made it difficult to find the time to build these relationships.

Other research also focuses on the importance of good relationships between people who use care services and social care workers. In one study, researchers interviewed members of self-advocacy groups for people with a learning disability in Catalonia (Spain) (Fullana et al., 2019). Self-advocacy groups are groups of people who work together to advocate for their rights collectively. Fullana et al. (2019) found that good relationships with paid support workers made self-advocates feel like their choices were supported by staff. However, they also found that advocacy group members sometimes felt that paid workers blocked their decisions or that they were controlling.

Even when specific spaces are set up to empower people to make decisions about their lives, interactions taking place in those spaces can still lead to people’s choices being limited. One study that investigated dynamics between support staff and people with a learning disability living in a group home found that often the intent to empower someone and the actual actions taken to achieve this didn’t always match up (Jingree et al., 2006). For example, in meetings which were meant to empower people to speak up, often those who wished to voice their concerns weren’t given the space to speak by staff who were chairing. Instead, these staff members would nominate other people to speak, moving the conversation away from the person and their complaint (Jingree et al., 2006).

The researchers also found that instead of enabling people at the group home to talk about their preferences and make suggestions, staff would often steer conversations towards the options they preferred. They found that staff sometimes felt that they “knew better” than people living in the group home and therefore didn’t give them enough space to come to their own conclusions (Jingree et al., 2006).

Finnlay et al. (2008) observed that the choices given to people with learning disabilities are often limited because of the way things are phrased. Even without explicitly limiting the options available to people, staff who are supporting people to make decisions can influence what they decide. This might be because of presenting only specific options, portraying the outcomes of different choices in particular ways, or by offering (or not offering) support in overcoming practical issues.

Importantly, this evidence shows us that when workers disempower people this often isn’t because of them being incompetent or uncaring. Instead, it makes sense to understand workers’ actions as resulting from conflicts between different values that they draw upon at work.

Values and understanding

Social care workers often have to balance competing values in their day to day work. Jingree et al. (2006) suggest that the negative dynamics observed in their study, outlined previously, might arise from staff experiencing a conflict between enabling people to be empowered, on the one hand, and their duty of care, on the other. This duty of care can lead workers to want to create the kind of environment that they think is best for people by avoiding conflict and trying to keep discussions positive.

Similarly, Finnlay et al. (2008) wrote about how workers balanced conflicting expectations. Staff were expected to make sure all the people they worked with had eaten, used the toilet, and were clean at shift changes. Similarly, there were reports of staff discouraging people from doing things themselves because they were seen as not having the right skills or because there were worries about hygiene. Supporting people to have more autonomy added to this workload and slowed some of these processes down. Supporting people to make decisions themselves, rather than making decisions for them, would have meant not being able to fulfil all the other duties that were expected of them. In order to make it possible for social care workers to properly support people, it’s important to tackle these attitudes and cultures.

We’ve produced resources that can be helpful for social care staff who support people to make decisions about their care. These include:

1. Practice principles, Balancing risks, rights and responsibilities for adults: a positive approach to risk (Social Care Wales, 2020).

These 12 practice principles offer practical support to help balance the wishes of people who need support with environmental factors such as family support, policies, and resources. The principles state that “decision-making should begin and end with what matters to the person”.

2. Understanding an outcomes approach (Social Care Wales, 2022)

This resource includes a guide to supporting people who use care services to develop their own outcomes. This means finding out what a person wants to achieve and supporting them in these goals.

Providing time

Being able to make decisions means having enough time to process information. Decision making is also not a single act, but an ongoing process. This means that people will need ongoing support to make decisions.

Taylor and Donnelly (2006) spoke to professionals working with older people living in long term care settings to find out how decisions were made. One obstacle to older people making decisions about their long term care was that they were often made in response to a crisis, for example after a fall. Sometimes decisions also had to be made in emergency situations. This was because funding sometimes wasn’t available to support people with lower support needs until their situation became urgent or because older people were reluctant to accept more support earlier on.

According to Taylor and Donnelly (2006), the “crisis nature” of decision making processes often reduced options and made it harder for decisions to be made about someone’s care. In a co-produced project supporting people with learning disabilities to make decisions about vaccines, Public Health Wales and Learning Disability Wales (Public Health Wales, 2023) also identified having enough time to make decisions as an important factor. The people with a learning disability who contributed to this work talked about how they often weren’t given enough time to make decisions about their health.

Other researchers have argued that care and support planning should be an ongoing process. This process should provide an opportunity for everyone involved to consider what’s happened, think about what may happen next, identify personal needs and goals, discuss options, and decide how goals will be met (Eaton et al., 2015). This process requires ongoing communication between care providers, the person using care and support services, and their families/carers. This ensures the right decisions are taken at the right time, and that decisions can be altered over time as and when the person’s needs or preferences change (Bunn et al., 2018; Harrison Dening et al., 2019).

Positive risk taking

Positive risk taking has received considerable attention in the Welsh context. A report on barriers and enablers to positive risk taking and shared decision making can be found on the Insight Collective website (Blood and Wardle, 2024).

James et al.’s (2017) evaluation of a pilot project on “named social workers” in England looked at the way that ideas of risk and danger often limited the freedom of people with a learning disability. They argued that worries about risk often led to paternalistic attitudes and restrictions on how people lived their lives. Having a paternalistic attitude means thinking you know what is best for someone else. They argue that social workers’ training must be grounded in the social model of disability so that they can support people to remove the barriers they face in making decisions about their own lives.

As Jingree et al. (2006) found in their study, some social care workers experience a conflict between their aims to provide good care and to facilitate people’s agency. This can pose a particular issue when it comes to people making decisions which pose a real or imagined risk in the eyes of others. In this context, the concept of “positive risk taking” can offer some options to support people in an empowering way. Positive risk taking involves identifying both the potential positive outcomes for an individual and the potential harms that might occur if a risk is taken (Field et al. 2024). Looking at positive risk taking concepts and how they are applied in practice, Seale et al. (2013) argue that ways of working with people with a learning disability that embrace risk can lead to more creativity and higher well-being.

Positive risk taking can help us understand how best to support people in making day to day decisions as well as important life decisions. Finnlay et al. (2008) show that focusing on the big decisions in people’s lives can sometimes overshadow the small decisions that are also meaningful to them. They use an example of a residential care home, which changed its way of serving food to show the importance of allowing people to make small decisions. The care home no longer prepared plates of food for everyone and, instead, placed food in the middle of the table. This change gave people living in the care home a choice of what and how much to eat. This change, the researchers argued, was not easy for support staff. They worried that people might over-eat, destroy crockery, or make too much of a mess. In order to facilitate the people they supported to have more agency over their meals, the support staff needed to overcome their own worries about potential risks.

Small changes like this may not be easy for social care workers to make but they can be powerful in terms of giving people more control over their own lives. In terms of management and training of staff, Finnlay et al. (2008) argue that staff need to be assured that sacrificing some amount of order and cleanliness, so that people can make more decisions about how they wanted to live, won’t get them into trouble.

There are, however, concerns around the use of positive risk taking in other settings. Researcher Lucy Series (2022) has catalogued several instances where people in severe distress have been turned away from mental health services on the basis that they have capacity. Series (2022) references several accounts by people who have experienced suicidal ideation and report being told that they “had capacity” to take risks instead of being given the support they asked for.

The survivor activist and researcher Wren Aves (2022) carried out an online survey of people who were current or former mental health patients who had been denied care on the grounds that they had the capacity to make decisions. Aves received 211 responses from people who described significant distress and harm arising from contact with mental health services. While more robust research into the use of positive risk taking in mental health services is necessary, this survey indicates some potential ethical risks that practitioners need to be aware of. People should be enabled to make decisions about their lives, even when those supporting them don’t agree with that decision. When people are asking for help and saying they aren’t able to make decisions for themselves, they should be believed and not put in danger on the grounds that they can make decisions about their own life. This includes when a person is aware that they’re suffering a mental health crisis and suicidal ideation.

It's also important to acknowledge that sometimes people accessing support are at serious risk. Situations like abuse, neglect or domestic violence are not risks that should be embraced.

Communication and access to information

Effective communication is another big theme in the research on decision making in social care. Finnlay et al. (2008) identified communication issues as a major obstacle to making sure people can have control over their lives. They found, for example, that staff working in residential care homes would often overly rely on verbal communication, even when people preferred other approaches.

Some studies have found good results with exploring what effective communication with people accessing care and support looks like on an individual level. This includes using methods like videos, pictures, and plain language reading materials as appropriate (Nilsen et al., 2022; Davies et al., 2019; Haroon et al., 2022). For people with a learning disability, easy read versions of documents, which present information in an accessible way, can also support people to make decisions (Learning Disability Wales, 2024).

It’s worth keeping in mind that communication challenges and different understandings and values can play a significant role in the experience of marginalised people with social services (Kagan et al., 2002). Marginalised here means people who are part of a minority group and who potentially experience discrimination. This could be because of their ethnicity, disability, age, gender identity or economic disadvantage.

Conclusion

This evidence summary shows that enabling people to have control over their lives can be complicated. Even when staff are trying their best to support people to have good lives, they can sometimes act in a way that disempowers them. Research findings offer an insight into how people can be supported to live their lives as freely as possible and according to what matters most to them. This means giving them support to develop agency in their personal and social lives, as well as a sense of citizenship. It also means understanding capacity not as something one either has or doesn’t have, but as something that always exists in relationship with an individual’s environment and the people around them.

Additional reading

Here’s a list of the five most relevant resources to supporting people to make decisions about their care that are either open access or freely available on the NHS Wales e-Library.

  1. Jingree, T., Finlay, W. M. L. and Antaki, C. (2006) ‘Empowering words, disempowering actions: an analysis of interactions between staff members and people with learning disabilities in residents’ meetings’, Journal of Intellectual Disability Research, 50 (3), pp. 212-226, doi:10.1111/j.1365-2788.2005.00771.x, available at https://doi.org/10.1111/j.1365-2788.2005.00771.x (accessed: 14 May 2024)
  2. Seale, J., Nind, M. and Simmons, B. (2013) ‘Transforming positive risk-taking practices: the possibilities of creativity and resilience in learning disability contexts’, Scandinavian Journal of Disability Research, 15 (3), pp. 233-248, doi:10.1080/15017419.2012.703967, available at https://doi.org/10.1080/15017419.2012.703967 (accessed: 14 May 2024)
  3. Jackson, R. (2015) Who Cares? The impact of ideology, regulation and marketisation on the quality of life of people with an intellectual disability, Sheffield: Centre for Welfare Reform, available at https://citizen-network.org/uploads/attachment/449/who-cares.pdf (accessed: 13 May 2024).
  4. Series, L. (2015) ‘Relationships, autonomy and legal capacity: Mental capacity and support paradigms’, International Journal of Law and Psychiatry, 40, pp. 80-91, doi:10.1016/j.ijlp.2015.04.010, available at http://doi.org/10.1016/j.ijlp.2015.04.010 (accessed: 14 May 2024)
  5. Tarrant, A. (2022) ‘Independent Living as a Counter-Narrative’, International Journal of Disability and Social Justice, 2 (1), pp. 48-73, doi:10.13169/intljofdissocjus.2.1.0048, available at http://doi.org/10.13169/intljofdissocjus.2.1.0048 (accessed: 14 May 2024)
Reference list - click to expand

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Aves, W. (2022) ‘If You Are Not A Patient They Like, Then You Have Capacity’, Psychiatry is Driving Me Mad, available at https://www.psychiatryisdrivingmemad.co.uk/post/if-you-are-not-a-patient-they-like-then-you-have-capacity (accessed: 13 May 2024).

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