Recurring concern
Unsafe management of refusal of necessary care or protective action
First reported 16 Dec 2013•Latest report 21 Aug 2025
What this concern includes
Includes capacity-sensitive assessment, persuasion, escalation and protective decision-making when refusal of necessary treatment, care or disclosure creates a serious safety risk.
Not included
- Advance decisions or lawful treatment choices with no identified process failure
- General mental-capacity assessment unrelated to a refusal
- Non-clinical consent disputes
- Reports
- 13
- Individual concerns
- 16
- Date range
- 2013–2025
- Stated actions
- 25
Distinct published reports
A report can raise multiple concerns
First to latest report issue date
Described in published responses
Reports over time
Reports over time
Reports about this concern issued each year.
* 2026 is projected from reports observed to 7 Sep 2026.
Most frequent recipients
Most frequent recipients
Reports about this concern sent to each recipient.
Concerns and responses across reports
Only concerns grouped under this recurring concern are included. Select any concern, action or position to view the source wording.
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Concerns raised1
Outcome codes failing to record patient refusal of treatment
This report raised 1 other concern. They are not shown here because they do not form part of this recurring concern.
Responses linked to these concernsEach statement is shown once, even when linked to more than one concern.
Actions described in response An action is something a respondent says it has done, is doing, or plans to do in response to the concern raised.1
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Action
Implement a CAD closure code for patients refusing treatment or conveyance, making it immediately available for crews to use.
Stated by South Central Ambulance Service NHS Foundation Trust
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Concerns raised1
Failure to explore or test a capacitated patient's refusal to disclose information to a potentially protective relative
This report raised 2 other concerns. They are not shown here because they do not form part of this recurring concern.
Responses linked to these concernsEach statement is shown once, even when linked to more than one concern.
Respondent positions A position is what a respondent says about the concern when they do not describe a specific action.1
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Position
Confidentiality duties and case-by-case clinical risk assessment determine whether refusal to share information should be explored or overridden.
Stated by Cornwall Partnership NHS Foundation Trust
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Concerns raised4
Failure to take sufficient steps to persuade patients detained under the Mental Health Act who refuse necessary and appropriate medical treatment
Insufficient action in response to routine food refusal by patients detained under the Mental Health Act 1983
Failure to sufficiently consider using section 63 of the Mental Health Act 1983 when patients detained under the Mental Health Act refuse necessary and appropriate medical treatment
Failure to sufficiently consider powers under the Mental Capacity Act 2005 when patients detained under the Mental Health Act refuse necessary and appropriate medical treatment
Responses linked to these concernsEach statement is shown once, even when linked to more than one concern.
Actions described in response An action is something a respondent says it has done, is doing, or plans to do in response to the concern raised.3
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Action
Review the poor-diet-and-fluid-intake flowchart to include capacity, best interests, family involvement and section 63 considerations.
Stated by Priory Group -
Action
Operate and review a database weekly to monitor food and fluid intake, with documented actions when patients refuse adequate nutrition.
Stated by Priory Group -
Action
Deliver a staff briefing on good nutrition and fluid intake at Priory Hospital Kemple View.
Stated by Priory Group
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Concerns raised1
Failure to assess the suitability of Olanzapine depot injections for in-patients who refuse vital signs checks
This report raised 3 other concerns. They are not shown here because they do not form part of this recurring concern.
Responses linked to these concernsEach statement is shown once, even when linked to more than one concern.
No linked response statementsNo respondent-stated action or position is linked to these concerns in the published data.
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Concerns raised1
Failure to assess and escalate refusal of intravenous fluids
This report raised 9 other concerns. They are not shown here because they do not form part of this recurring concern.
Responses linked to these concernsEach statement is shown once, even when linked to more than one concern.
Actions described in response An action is something a respondent says it has done, is doing, or plans to do in response to the concern raised.2
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Action
Introduce a Nucleus fluid assessment for all patients that prompts hydration monitoring according to clinical need.
Stated by York and Scarborough Teaching Hospitals NHS Foundation Trust -
Action
Update the Food, Nutrition and Hydration Policy to require best-interest decisions on fluid management for patients lacking capacity, in consultation with family or carers.
Stated by York and Scarborough Teaching Hospitals NHS Foundation Trust
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Concerns raised1
Lack of assessment of patients’ capacity to refuse physical observations
This report raised 4 other concerns. They are not shown here because they do not form part of this recurring concern.
Responses linked to these concernsEach statement is shown once, even when linked to more than one concern.
No linked response statementsNo respondent-stated action or position is linked to these concerns in the published data.
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Concerns raised1
Lack of a process for managing patients who decline necessary potentially life-threatening care and may lack capacity
This report raised 4 other concerns. They are not shown here because they do not form part of this recurring concern.
Responses linked to these concernsEach statement is shown once, even when linked to more than one concern.
Actions described in response An action is something a respondent says it has done, is doing, or plans to do in response to the concern raised.4
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Action
Expand consent and Mental Capacity Act learning and training for clinicians, including three completed consent seminars.
Stated by King'S College Hospital NHS Foundation Trust -
Action
Establish a working group to improve consent and Mental Capacity Act assessments.
Stated by King'S College Hospital NHS Foundation Trust -
Action
Develop an improvement plan with nursing leads and evaluate consent and Mental Capacity Act training programmes.
Stated by King'S College Hospital NHS Foundation Trust
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Action
Review and update the Trust consent policy to make it easier for clinicians to follow and obtain additional support.
Stated by King'S College Hospital NHS Foundation Trust
Respondent positions A position is what a respondent says about the concern when they do not describe a specific action.1
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Position
The Home disputes that Mr Burton probably lacked capacity, stating he was assessed as having capacity throughout his residence.
Stated by Tower Bridge Care Centre
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Concerns raised1
Failure to flag refusal to share prescribing information for further enquiry
This report raised 7 other concerns. They are not shown here because they do not form part of this recurring concern.
Responses linked to these concernsEach statement is shown once, even when linked to more than one concern.
Actions described in response An action is something a respondent says it has done, is doing, or plans to do in response to the concern raised.3
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Action
Inspect online providers’ management of medicines, prescriptions, consent, identity checks, information sharing, governance and staff safety training.
Stated by Care Quality Commission -
Action
Publish guidance requiring providers to inform patients’ GPs about prescribed medications and assess safety when patients decline information sharing.
Stated by Care Quality Commission -
Action
Publish updated prescribing guidance covering remote consultation suitability, information sharing, patient dialogue, and safeguards for controlled or potentially addictive medicines.
Stated by General Medical Council
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Concerns raised1
Lack of a protocol for Mental Health Act assessment of people who will not voluntarily attend hospital Accident & Emergency
This report raised 5 other concerns. They are not shown here because they do not form part of this recurring concern.
Responses linked to these concernsEach statement is shown once, even when linked to more than one concern.
Respondent positions A position is what a respondent says about the concern when they do not describe a specific action.2
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Position
The Trust had no legal power to hold Ellis, and staff restraint or detention could constitute assault or unlawful imprisonment.
Stated by North East London NHS Foundation Trust
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Position
Police Section 136 powers and attendance were contingent on statutory conditions and evidence of refusal to attend A&E.
Stated by North East London NHS Foundation Trust
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Concerns raised1
Overreliance on patient refusal of hospital care despite difficulty expressing himself
This report raised 3 other concerns. They are not shown here because they do not form part of this recurring concern.
Responses linked to these concernsEach statement is shown once, even when linked to more than one concern.
Actions described in response An action is something a respondent says it has done, is doing, or plans to do in response to the concern raised.3
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Action
Consider adapting existing Mental Capacity Act training to support capacity and best-interests decisions when patients decline appropriate care.
Stated by Central and North West London NHS Foundation Trust -
Action
Tighten formal, regular mental-capacity assessment and accurate recording when consequential treatment decisions are made.
Stated by Central and North West London NHS Foundation Trust -
Action
Provide bespoke community training on capacity, best interests, and supporting clinical documentation.
Stated by Central and North West London NHS Foundation Trust
Data last updated 7 September 2026