NHS Foundation Trust pays fixed penalties of £8,000 for failures under the Mental Capacity Act
A hospital trust failed to use practical steps, undertake mental capacity assessments or follow the correct legal procedure in relation to consent on a number of occasions in 2019. The consent failures were in relation to feeding tubes. The hospital also failed to follow correct processes in relation to his Lasting Power of Attorney. The man concerned had diagnoses of learning disability, autism and had been deaf since birth.
The CQC website explains that '...on these three occasions, the trust did not comply with Regulation 11 of the Health and Social Care Act 2008 (Regulated Activities) Regulations 2014, requiring registered persons to obtain the consent of the relevant person when providing care and treatment to them. Regulation 11 also states if someone is 16 or over and is unable to give consent because they lack capacity, the registered person must act in accordance with the Mental Capacity Act 2005.'
A reminder of the Edge factsheet on the Mental Capacity Act which explores the link between mental capacity, consent and Regulation 11 detailed above.
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