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Covert medication, CCTV and the Mental Capacity Act

Updated: Mar 7

A recent CQC inspection report of Swan House care home highlights the failure to apply the MCA in relation to covert medication and CCTV. The inspection resulted in an inadequate rating. Inspectors found:

  • ‘Capacity had not always been assessed when needed. For example, 2 people were receiving their medicines covertly. Covert medicines are medicines that are administered in a disguised format and the person does not know they are taking them. There were no MCA or best interest's decisions in place for these, despite the people being unable to consent to this. This meant decisions were being made on people's behalf without legal authority.’

  • ‘After our last inspection we raised concerns that people had not consented to CCTV that was in place. We found the same concerns at this inspection.’

There are now several CQC inspection reports identifying the need to have consent or application of the MCA in place for the use of CCTV. It should be noted in relation to covert medication it is the duty of the prescriber (normally the GP) to follow and apply the MCA for this.

The full report can be downloaded from HERE.

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