Gaining Consent from Non-Verbal Participants 

Understanding Consent in Support Services 

Consent is a fundamental right for all individuals, including those who are non-verbal. In the context of disability support, ensuring that non-verbal participants can express their preferences and give informed consent is essential for upholding their autonomy and dignity. 

Why Consent Matters 

Gaining consent empowers individuals to: 

• Have control over their personal choices 

• Participate in decision-making about their care and support 

• Foster trust and collaboration between participants and support providers 

• Reduce behaviours of concern  

• Ensure compliance with ethical and legal frameworks, such as the NDIS Code of Conduct 

At Achieve and Thrive, we prioritise person-centred approaches to support, ensuring all individuals can actively participate in decisions affecting their lives. 

Methods for Gaining Consent from Non-Verbal Individuals 

1. Use Alternative Communication Methods

Non-verbal participants may communicate through various methods, including: 

• Augmentative and Alternative Communication (AAC): Devices such as communication boards, speech-generating devices, and apps 

• Sign Language or Gestures: Recognising and responding to individualised non-verbal communication 

• Visual Supports: Using images, symbols, or written text to aid understanding 

2. Observe Non-Verbal Cues

Body language, facial expressions, and behavioural responses can indicate preferences. For example: 

• Smiling, reaching, or nodding may indicate agreement 

• Pulling away, frowning, or shaking the head may signal discomfort or refusal 

3. Engage with Familiar Support Networks

Consulting family members, caregivers, and support workers who understand the individual’s communication style can provide valuable insights into their preferences and decision-making processes. 

4. Provide Clear and Simple Choices

Offering clear, simple, and structured options helps non-verbal individuals make informed choices. Techniques include: 

• Presenting two visual options and allowing the participant to point or select 

• Using yes/no response methods such as thumbs up/down or eye gaze technology 

5. Ensure a Comfortable Environment

Creating a supportive and familiar setting can encourage engagement and communication. Key factors include: 

• Reducing background noise and distractions 

• Allowing ample time for responses 

• Using familiar and trusted individuals to facilitate discussions 

• Always respect a person’s choice 

Understanding that Consent is Fluid 

Consent is not a one-time agreement; it is an ongoing process that can change over time. Individuals may initially give consent but later withdraw it, and it is essential to respect and acknowledge these changes. Key considerations include: 

• Regularly Checking In: Continuously observing for signs that the individual’s comfort level has changed 

• Allowing for Withdrawal of Consent: Recognising and responding when someone indicates they no longer consent, even if they previously agreed 

• Adapting to Changing Needs: Being flexible and adjusting support based on evolving preferences and communication cues 

• Reinforcing Autonomy: Encouraging individuals to express changes in consent through their preferred communication method 

By treating consent as a dynamic process, support providers ensure that individuals maintain control over their choices and experiences. 

Legal and Ethical Considerations 

Ensuring consent aligns with legal and ethical guidelines, such as: 

• The United Nations Convention on the Rights of Persons with Disabilities (UNCRPD), which promotes autonomy and decision-making rights 

• NDIS Quality and Safeguards Commission standards for informed consent and participant rights (Learn More) 

Training and Support for Staff and Caregivers 

To enhance consent practices, training for caregivers and support staff is crucial. Training should focus on: 

• Recognising and interpreting individual communication styles 

• Using AAC and other non-verbal communication techniques 

• Ethical considerations in consent processes 

Get Support from Achieve and Thrive 

At Achieve and Thrive, we provide support strategies that empower individuals with disabilities. If you need guidance on obtaining informed consent for non-verbal participants, contact us today to learn more about our tailored approaches.