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Inspection report

Date of Inspection: 31 January 2013
Date of Publication: 2 March 2013
Inspection Report published 2 March 2013 PDF | 80.64 KB

Before people are given any examination, care, treatment or support, they should be asked if they agree to it (outcome 2)

Meeting this standard

We checked that people who use this service

  • Where they are able, give valid consent to the examination, care, treatment and support they receive.
  • Understand and know how to change any decisions about examination, care, treatment and support that has been previously agreed.
  • Can be confident that their human rights are respected and taken into account.

How this check was done

We looked at the personal care or treatment records of people who use the service, carried out a visit on 31 January 2013, observed how people were being cared for and talked with people who use the service. We talked with staff.

Our judgement

Where people did not have the capacity to consent, the provider acted in accordance with legal requirements.

Reasons for our judgement

We looked at what systems were in place to ensure that decisions made on an individual’s behalf, were done so in their best interests and in line with the Mental Capacity Act 2005. This legislation protects the rights of people who are not able to make decisions independently about their own care or treatment. Where it is deemed necessary to deprive a person of their liberty, for their own safety, there are safeguards that need to be followed in order that this is done appropriately and only where necessary.

We were told that no one living at Brockley Court was subject to Deprivation of Liberty (Dols) authorisation. However, we were told about situations in the past that had lead to applications being made. From our conversations with the manager, it appeared that applications were well considered and followed appropriate procedures. Paperwork was viewed as evidence of this.

We saw that in people’s care files there were generalised statements about a person’s capacity to make decisions. The provider might like to note that person’s capacity should be considered and assessed in relation to making a specific decision.

We also noted in care plans that it had been identified where people were able to make decisions about day to day issues such as the clothes they wanted to wear. In another plan we saw that it stated that a person was able to request any medications that they required.

One person that we spoke with told us about instances in their daily lives were choices were given and their wishes respected. We were told about choices that were given at mealtimes and that if they didn’t want any aspect of their personal care, then this would be respected.

We discussed one particular instance with the manager about a person where there were difficulties in administering medication. We were told that other relevant professionals were involved, including nurses. The manager was aware that this was an example of where a ‘best interests’ decision may need to be made.