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Legal concerns over hospital patients moved to care homes

BBC News Published image copyrightGetty Images image captionThe Mental Welfare Commission has found cases where there was no legal authority for patients being moved. Legal concerns have been raised over the movement of hospital patients into care homes in Scotland at the height of the Covid pandemic. The Mental Welfare Commission studied a sample of discharges when someone did not have the capacity to decide for themselves. They found some cases where there was no legal authority for the move. The commission also said it had found endemic examples of poor practice. Last month Public Health Scotland said it cannot rule out a link between hospital discharges and outbreaks in care homes, with nearly a third of homes experiencing an outbreak.

Covid push to clear wards led to unlawful patient transfers

The findings were described as deeply troubling and disappointing HUNDREDS of vulnerable people with conditions such as severe dementia were moved from hospitals to care homes without due consent at the start of the pandemic amid “endemic poor practice” and confusion over the legal rights of adults with incapacity. A damning report today by the Mental Welfare Commission for Scotland found that at least 20 transfers were unlawful, but many more were carried out without proper authority or potentially in breach of individuals human rights. Investigators said they had been told of pressure on wards to clear beds between March and May 2020 as hospitals prepared for an influx of Covid patients, but stressed that they also uncovered evidence of long-standing inconsistencies and misunderstandings within health and social care partnerships (HSCPs) about the law surrounding adults with incapacity.

SNP Scotland: Hospital Patients Discharged Into Care Homes Unlawfully

20 May 2021 Hospital patients were unlawfully discharged into care homes in Scotland, which experienced a disproportionate loss of life during the coronavirus pandemic. The revelations come following an investigation by the Mental Welfare Commission for Scotland, a statutory body which “monitor[s] the Mental Health (Care & Treatment) (Scotland) Act 2003 and the welfare parts of the Adults with Incapacity (Scotland) Act 2000”, among other duties. For its report, titled  Authority to Discharge, the Commission took a 457-patients sample of the thousands of people who were discharged from hospitals into care homes in the early stages of the pandemic, often without being tested, and found that a score of them were unlawful, spanning 11 separate Health and Social Care Partnership (HSCP) areas across Scotland.

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