When a Section 61 is processed for a patient, a copy of that report is then sent to the patient as per the Code of Practice.
If the patient is being covertly medicated, how can the report then be sent to the patient?
In almost any practical example I can think of, there would be a compelling reason to justify departure from the Code’s guidance on this point (giving patients a copy of s.61 form) when the meds are being given covertly. That reason would surely be essentially the same reason that justifies giving the meds covertly in the first place. Giving meds covertly involves skirting around a great deal of otherwise ‘good practice’ norms – such as only determining that a patient is unable to consent to meds once a serious attempt to explain their nature and likely effects etc. That is why it needs a clear justification and shouldn’t be undertaken lightly.
Mat Kinton
National MHA Policy Advisor, CQC (personal capacity)