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A care home resident with learning disabilities was regularly sedated without consent for seven months in breach of his human rights, an ombudsman has said.
The parents of the resident complained to the care home, saying their son was “excessively and unnecessarily given sleeping tablets” without his or their consent.
The care home had responded to the concerns saying the GP had prescribed the medication to take “when needed”, however, staff had been advised to give it every other night to sedate him.
The ombudsman report said the resident received “unfavourable and unsafe treatment, which was because of his learning disabilities”, inpacting his right to a private life.
The case was investigated by the Local Government and Social Care Ombudsman, as the care home was commissioned and funded by the council.
The ombudsman said that the council had failed to take account of his human rights when it provided this care.
Despite this, there was evidence of good practice in the care home. The council started a safeguarding investigation and contacted the care regulator.
This led to improvements in the way the care home treated adults with disabilities, and in the way, it responded to complaints.
The council also agreed to make a payment to the family in recognition of the “avoidable distress” they were caused.
A spokesperson from the ombudsman said: "We all have a right to expect these basic standards when we use public services. I want to raise people's awareness about those rights, so people can more easily recognise when their basic rights and freedoms have been neglected.
"And I urge councils to take a rights-based mindset when developing their services and making day-to-day decisions on how they are delivered."
In the past year, the watchdog carried out 103 investigations where the Equality Act was a significant aspect and a further 51 where there were human rights implications.
Press Association contributed to this report.
