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 debbiea@moore-tibbits.co.uk