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Archived: HMP Lincoln

This service was previously managed by a different provider - see old profile

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Inspection report

Date of Inspection: 18, 19 November 2013
Date of Publication: 14 December 2013
Inspection Report published 14 December 2013 PDF

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 18 November 2013 and 19 November 2013, observed how people were being cared for and checked how people were cared for at each stage of their treatment and care. We talked with people who use the service, talked with staff, reviewed information given to us by the provider and talked with other regulators or the Department of Health.

Our judgement

Before people received any care or treatment they were asked for their consent and the provider acted in accordance with their wishes. Where people did not have the capacity to consent, the provider acted in accordance with legal requirements.

Reasons for our judgement

We were told that on a person's arrival an initial screening checked the psychological state of the person to see if they were a risk to themselves or others on their first night of detention. Depending upon the outcome of this assessment further information would then be collected by the mental health team about arrangements for their care. A further health screening was also carried out within five days of their arrival.

We were told there was a consent policy for staff reference. The records we looked at showed examples of completed formal consent in care records, such as for sharing of personal information with third parties. We saw one person, who used the service, had commented that the healthcare confidentiality statement which required their signature was confusing. It confused issues of consent to record personal information, share it with others and to source information from external agencies. The form was subsequently adapted by mental health staff and improvements were made which included making sure people were given informed choice with regard to some of the above issues.

We saw healthcare staff had received training with regard to mental capacity and the Mental Capacity Act (MCA) 2005. This meant staff were informed of the rights of people when they lacked mental capacity to give informed consent to care and treatment.

We spoke with a mental health team leader who was able to describe to us the formal process they followed if they had any concerns about a person's mental capacity to make informed decisions about their care. We were made aware of situations where a person may choose to refuse medical treatment or to receive nutrition and hydration. The correct procedure was followed and the situation was monitored under a formal safe guarding process. This meant in most cases where there were any concerns over people's capacity to make decisions, a formalised procedure was followed to determine what was in the person's best interests as required by the Mental Capacity Act 2005. This meant the provider acted in accordance with legal requirements.