Capacity and dysphagia | QCS

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

Sheila Scott
Answered by Sheila Scott

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,


About Sheila Scott

Sheila Scott OBE from 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. 3. Read more

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