Robert Brown welcomes guidance on treatment for adults in care homes

12.00.00am BST (GMT +0100) Thu 3rd Sep 2009

Glasgow Liberal Democrat MSP Robert Brown has today welcomed an announcement from Health Secretary, Nicola Sturgeon that guidance will be reissued regarding the administration of medication to adults in care homes who are deemed unable to consent to their treatment.

The announcement follows Parliamentary questions from Mr. Brown after a joint report, Remember, I'm still me, by the Care Commission and Mental Welfare Commission revealed there were failures to comply with legislation before treatment was being given to elderly adults.

The report found that many adults were being given treatment and medical care when their consent had not been sought and where no official certificate from doctors was in place to state the patient was in fact legally and practically unable to consent to the treatment, and authorising staff to administer such treatment.

Before treatment can be given to someone who is deemed unable to consent or refuse, the Adults with Incapacity Act (Part 5) must be followed, and a Section 47 certificate - stating the adult is medically unable to consent or refuse medical treatment - must be signed by a Doctor.

The report also found that Section 47 certificates, when in place, were in some cases being illegally used to administer restraint or covert medication rather than to administer treatment which was of positive benefit to the patient.

Robert Brown said:

"The findings of Remember, I'm still me are extremely worrying. People who suffer from dementia or other problems who don't sadly have the capacity to make decisions must still be treated properly.

"Medicine should only be administered when properly authorised by a doctor, and the routine administration of drugs to restrain or quieten people should only be done under strict medical authority if at all.

"I am very glad the Health Secretary is acting on the Report's findings. It is vital that adults with incapacity are treated with proper consideration and respect for their rights."