Section 58A

Question 1

What safeguard does section 58A give?

Answer 1

It gives patients the right to refuse ECT

Question 2

What is paramount in s.58A?

Answer 2

ECT cannot be given if the P refuses with capacity (unless section 62 emergency)

Question 3

When can ECT be given?

Answer 3

if:
(a) Patient with capacity consents (certified by AC or SOAD)
(b) SOAD certifies patients lack of capacity and that it is appropriate (but must not conflict with welfare LPA, AD or CoP, unless emergency under section 62).

Question 4

What does CoP 25.23 state?

Answer 4

“In all cases, SOADs should indicate on the certificate the maximum number of administrations of ECT which it approves”.

Question 5

What does Code 25.25 state?

Answer 5

‘Whether or not section 58A applies, patients of all ages whoa re to be treated with ECT should be given written information before treatment starts which helps them to understand and remember, both during and after the course of ECT the advice given about its nature, purpose and likely effects’.

Question 6

What was the ruling in Wooder v Feggetter in relation to SOAD and s.58?

Answer 6

“in fairness, demands that a SOAD should give written and adequate reasons for his opinion when certifying under section 58”.
They are a safeguard for the patient. If SOAD overrules P, as a P, they are entitled to adequate and sufficient reasons to justify that ruling.