Ask Sheila - Archive England

Sheila Scott OBE has now retired and therefore is no longer available to answer your social care questions. However, you might still find the answer you’ve been searching for down below.

12th June 2015

Capacity and dysphagia

Hi Sheila. I'm sure you have come across this issue many times before. We have a gentleman in our nursing home who would appear to have capacity but has profound dysphasia following a CVA. SLT have advised thickened fluids and puréed diet due to his dysphagia and recent hospital admission for pneumonia which he is making very clear that he objects to. Where do we stand regards to the law, DoL and duty of care to keep him free from harm? Your input would be very much appreciated. - Beverly

Dear Beverly,

Thank you for your question.

Dysphagia must be very difficult to deal with for the person affected.

I believe that in the first instance you must consult the gentleman’s doctor who may be able to arrange some specialist advice and assistance for you. Once you have involved the patient’s doctor you will be able to discuss together issues such as mental capacity, if it seems appropriate and involve family and friends of the gentleman too.

There is also an excellent web site which I am sure you will find very helpful.

With best wishes,


*All information is correct at the time of publishing.

About Sheila

Sheila Scott OBE has now retired and over the years , prior to her retirement she has answered thousands of your social questions. You can still access the many questions below.

For Sheila Scott OBE as the former CEO of National Care Association (NCA), care is Sheila's life. She possesses a strong command of the issues facing the care sector informed by her long career as a nursing professional, the owner and manager of a care business, and as a leader in the care sector.

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