Hospital admissions can be a complex process involving multiple professionals working together to support an individual in need. If the relevant person who has been admitted is determined to lack capacity for their care and treatment in hospital, the Mental Capacity Act (2005) provides clear direction on how to proceed.
In the case of Cwm Taf Morgannwg University Health Board v RW & Anor (2026), a 72-year-old gentleman with advanced dementia, a significant traumatic brain injury, and a range of other health conditions was admitted to hospital from a care home following a seizure. The patient in question – known as RW – had an Lasting Power of Attorney (LPA) in place for Health and Welfare. This role was taken by his solicitor, as he had no other friends or family beyond the care home.
During the hospital admission process, the Health Board reached a decision that the ‘focus shifted to comfort care with anticipatory end of life medications prescribed for use if required’ (paragraph 4). This decision was made without due consultation or direction from RW’s LPA.
Within the Court case, the Health Board accepted their failings to communicate with RW’s LPA and their responsibility to consult. Within which it was further recognised their failure to seek out relevant information about RW’s wishes and feelings to reach their decisions.
As a result of this case, the Health Board were ordered to pay costs for their failures around application of the Mental Capacity Act (2005).
This is an important reminder of our responsibilities to uphold a person’s rights and follow the appropriate legislation in practice. That this is in place to safeguard a person’s voice and human rights. If not adhered to, there are systems in place, such as the Court of Protection, to critically consider these cases, and hold individuals (and organisations) to account as appropriate.