Supporting Digital Access While Respecting Choice and Consent

Digital technology is becoming an increasingly important part of adult social care, supporting communication, care planning, remote monitoring and access to information. However, digital inclusion should never mean compulsory digital engagement. Every person has the right to make informed choices about how they access services, communicate with professionals and participate in decisions about their care.

Respecting choice, consent and legal rights is therefore fundamental to ethical digital practice. This article forms part of the Social Value Knowledge Hub and complements guidance on Digital Inclusion, Access & Reducing Exclusion, Mental Capacity Act Compliance and Person-Centred Planning.

Commissioners and CQC increasingly expect providers to demonstrate that digital innovation enhances choice and independence rather than reducing personal autonomy.

Why Choice Must Remain Central to Digital Inclusion

Digital inclusion is about creating opportunities rather than removing alternatives. Some people will embrace digital technology, while others may prefer traditional communication methods because of disability, confidence, personal preference or previous experiences.

Providers should recognise that genuine person-centred care means respecting different choices rather than expecting everyone to engage digitally.

Understanding Consent in Digital Care

Consent applies to digital systems in exactly the same way as any other aspect of care and support.

People should understand:

• what digital systems are being used
• what information is recorded
• who can access their information
• how digital tools support their care
• what alternatives remain available
• how consent can be reviewed or withdrawn.

Information should always be provided in accessible formats that match the person's communication needs.

Mental Capacity and Digital Decision-Making

Where there is doubt about a person's ability to make decisions regarding digital engagement, providers must follow the principles of the Mental Capacity Act.

This includes:

• presuming capacity unless proven otherwise
• providing appropriate support to enable decision-making
• avoiding assumptions based on disability or diagnosis
• making best-interest decisions where required
• choosing the least restrictive option available.

Digital systems should never be introduced simply because they are more convenient for the organisation.

Respecting the Right to Opt Out

Many people who have capacity may simply choose not to engage with digital technology. That decision should be respected.

Providers should continue to offer alternatives such as:

• paper documentation
• telephone communication
• face-to-face reviews
• printed correspondence
• supported meetings with staff.

Choosing non-digital communication should never reduce the quality of support someone receives.

Operational Example 1: Supporting Informed Digital Choice

A person receiving domiciliary care is offered access to an online care planning portal.

Staff:

• demonstrate how the system works
• provide easy-read guidance
• answer questions over several visits
• explain alternative options
• record the person's informed decision.

The individual decides to continue receiving printed care plans while reviewing the digital option at a later date.

Operational Example 2: Best Interest Decision-Making

A person living with advanced dementia is unable to understand how digital communication systems operate.

The provider:

• completes a Mental Capacity Act assessment
• consults family members
• involves relevant professionals
• considers the least restrictive approach
• records the best-interest decision clearly.

Digital communication supports professionals while maintaining accessible communication directly with the individual.

Operational Example 3: Respecting the Decision to Decline Digital Engagement

An autistic adult prefers face-to-face reviews because digital communication increases anxiety.

The provider:

• records this preference within the support plan
• continues face-to-face reviews
• ensures important information is shared verbally
• offers digital access without pressure
• reviews preferences during annual care planning.

This approach demonstrates respect for autonomy while maintaining opportunities for future digital engagement if preferences change.

The Role of the Workforce

Staff require confidence to support informed choice rather than promoting technology by default.

Training should include:

• Mental Capacity Act principles
• obtaining informed consent
• accessible communication
• digital inclusion and exclusion
• supporting informed decision-making
• recording choices consistently.

Supervision should reinforce that successful digital inclusion is measured by individual outcomes rather than technology uptake.

Governance and Organisational Assurance

Senior leaders should receive assurance that digital systems continue to support rights, dignity and person-centred practice.

Useful governance indicators include:

• records of consent for digital services
• Mental Capacity Act decision audits
• feedback from people using services
• complaints relating to digital access
• reasonable adjustment monitoring
• quality audits reviewing digital choice.

Regular oversight helps identify where organisational practice may unintentionally limit choice.

Common Mistakes Providers Should Avoid

• assuming digital engagement is always preferable
• removing non-digital communication routes
• failing to explain digital systems clearly
• using digital systems primarily for organisational convenience
• overlooking Mental Capacity Act requirements
• failing to review changing preferences over time.

These mistakes can undermine trust and create avoidable safeguarding, equality and human rights concerns.

How to Evidence Good Practice

Strong evidence may include:

• documented consent discussions
• Mental Capacity Act assessments where appropriate
• best-interest decision records
• communication preference documentation
• reasonable adjustment records
• staff competency assessments
• feedback demonstrating informed choice
• governance reports monitoring digital inclusion.

Commissioners increasingly value providers who can demonstrate that digital innovation strengthens person-centred care while fully respecting legal rights and individual autonomy.

Conclusion

Supporting digital access is about empowering people, not directing them towards a particular way of engaging with services. Providers that embed informed consent, Mental Capacity Act principles, accessible communication and genuine choice into their digital strategy deliver more inclusive, legally compliant and person-centred services.

As digital transformation continues across adult social care, organisations that balance innovation with respect for individual rights will be best placed to meet commissioner expectations, demonstrate regulatory compliance and improve outcomes for the people they support.

---