Investigation Report 201301611

  • Report no:
    201301611
  • Date:
    September 2014
  • Body:
    Highland NHS Board
  • Sector:
    Health

Overview
The complainant (Mrs C) raised concerns about inadequate consultation and involvement of her as a carer for her husband (Mr C) during his admissions to two hospitals run by Highland NHS Board (the Board) in 2011.

Mrs C had Financial and Welfare Power of Attorney (POA) for Mr C and was also Mr C's Named Person for the purposes of the Mental Health (Care and Treatment) (Scotland) Act 2003.  Mr C had a diagnosis of Advanced Alzheimer's Disease.

Specific complaint and conclusion
The complaint which has been investigated is that the Board did not reasonably include Mrs C in decisions about Mr C's care and treatment from February 2011 onwards (upheld).

Redress and recommendations
The Ombudsman recommends that the Board:

  • apologise to Mrs C for the repeated failures to adequately and properly involve her in decision making around Mr C's care and treatment;
  • review their approach to carer communication and participation for people with dementia to ensure a coherent, bespoke and planned approach in all cases.  This should be carried out with due regard to the national Dementia Standards, the principles under-pinning the Mental Health (Care and Treatment) (Scotland) Act 2003 and the Adults with Incapacity Act 2000, and the rights of 'Named Persons' and those with POA status.  The Board should advise this office of the outcome of this review; and
  • review their current documentation of carer involvement in light of the record-keeping failings identified in this report and advise this office of the steps taken to address these omissions.

The Board have accepted the recommendations and will act on them accordingly.

Updated: December 11, 2018