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Covert medication | are you following the law?

We were reminded through a couple of cases recently that there is still uncertainty among some professionals about the procedures that should be followed regarding covert medication. This is an important area for family members and carers to be aware of too as they should be involved in any decisions about the use of covert medication.

The decision as to whether to administer medicines covertly should never be taken without following the principles set out in the Mental Capacity Act 2005: section 4 of the Act relates to making a ‘best interest’ decision. A 2016 case in the Court of Protection highlighted the importance of both the Mental Capacity Act AND the relationship with a Deprivation of Liberty Safeguard (DOLS) authorisation and echoed the NICE guidance in this area.


We have drawn together a handy flowchart for professionals and families, which may help you further - click here


If you are concerned about this issue, please contact a member of team on 01926 491181 or email Debbie Anderson, Head of Health and Community Care team at

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