THE move to discharge hundreds of elderly patients from hospital into care homes during the coronavirus pandemic may have breached the law, the Herald can reveal.
Both the Law Society of Scotland and Edinburgh Napier University’s Centre for Mental Health and Capacity Law have highlighted concerns that adults who have ‘capacity’ issues such as mental illness, learning disability and dementia may have been discharged or moved “without due legal process”.
Concerns in part surround whether account is taken of the wishes of the patient or family.
The legal experts have been joined by the Scottish Human Rights Commission in calling for an independent monitoring or review of the discharges.
The movements have been blamed for seeding Covid throughout Scotland’s network of over 1000 care homes, and exposing elderly and vulnerable residents to the disease.
Critics of the Scottish Government claim the elderly had been “rushed out of hospital” as part