What if a prisoner wants food or drink but you just dont offer or mock them down the intercom? Chapter 10 Management of prisoners who refuse food and/ or fluids and medical treatment Overview Some prisoners may decide to refuse food and/or fluids, or medical treatment for a variety of reasons. These decisions will be valid provided that the prisoner is deemed to have the mental capacity to make the decision. Mental capacity can only be assessed by a healthcare professional. Sometimes prisoners will make an advance decision to refuse medical treatment while they still have the mental capacity to do so and before they need a particular treatment. These are often referred to as Advance Directives, Living Wills or Do not Resuscitate Orders (DNRs). It is important that prisoners’ wishes to either refuse food and/or fluids or medical treatment are taken seriously and properly recorded. The information must be recorded, shared and remain accessible to all relevant staff. The decision to refuse food and/or liquids is akin to refusing treatment and is therefore not considered in law to be a form of self-harm. The relevant case law distinguishes between a person who refuses food and a person who for example hangs themselves. The key judgment, prior to the Mental Capacity Act 2005, is Secretary of State for the Home Office v Robb [1995] 2 WLR 722. However, the ACCT process may provide a useful way of recording the care offered to such a prisoner and facilitate the sharing of information. Every effort must be made to try and find out why the prisoner is refusing food and/or fluids and address the reasons for their refusal. An advance directive cannot be put in place to allow a prisoner to self-harm or attempt suicide.
Posted on: Wed, 24 Sep 2014 17:58:32 +0000