Did Your Crew Save a Life, or Commit an Unlawful Deprivation of Liberty?
For private ambulance managers, the difference rests entirely on a robust Mental Capacity Assessment.
The Stakes
When an ambulance crew responds to a patient presenting with new confusion—perhaps flagging for sepsis—who is refusing transport to hospital, they face a conflict that is both clinical and legal. The Mental Capacity Act 2005 requires healthcare professionals to presume capacity, but clinical duty compels them to act when a life is at risk.
The biggest risk to you as an owner is two-fold:
Patient Harm: The patient is left at home, deteriorates, and it is later shown they lacked capacity to consent due to their acute illness.
Legal Liability: The patient is conveyed against their will, and it is later shown the MCA was incorrectly applied, risking a charge of unlawful deprivation of liberty and a subsequent regulatory investigation.
Our Expert Intervention
As a CQC registered provider, Lynas Clinical closes this gap with formal, auditable remote clinical oversight.
When your crew calls the Lynas Safety and Support Centre, they connect with an expert Advanced Practitioner who specialises in remote decision-making. Our advisor does not just accept the crew's assessment; they challenge and structure it:
Two-Stage Test: The advisor guides the crew through the full MCA two-stage test to ensure the patient's impairment and inability to make the specific decision are robustly demonstrated.
Clinical/Legal Balance: We weigh the immediate clinical risk (e.g., sepsis) against the legal requirement, deciding whether minimal restraint and removal to hospital is the most appropriate action.
The Outcome: Protection and Certainty
The result is protection for your patients and your organisation. Our intervention ensures that inappropriate use of the MCA is avoided, and, conversely, that vulnerable patients are protected. This enhanced level of clinical support avoids the organisational risk of subsequent investigation, regulatory review, and damage to your reputation.
Auditable Evidence for Your Defence
Proof is your defence. Lynas Clinical always ensures that the full Mental Capacity Act 2005 rationale is documented in our clinical records during the recorded call. We robustly explore and document the Least Restrictive Option taken, giving your organisation a robust, expert-reviewed rationale to defend any retrospective challenge or CQC review.
Next Step: Is your service protected against MCA compliance risks? Book a consultation with Lynas Clinical today.
