Human rights 'may have been breached over do not resuscitate orders during pandemic'

18 March 2021, 08:01 | Updated: 18 March 2021, 19:48

Figures have raised concerns about whether providers were at risk of breaching the Equality Act 2010
Figures have raised concerns about whether providers were at risk of breaching the Equality Act 2010. Picture: PA

By Patrick Grafton-Green

More than 500 people may have had their human rights breached due to ‘do not resuscitate’ orders made during the coronavirus pandemic, the care regulator has said.

The Care Quality Commission (CQC) has called for ministers to tackle the "worrying variation" in people's experiences of do not attempt cardiopulmonary resuscitation (DNACPR) decisions.

Some families were not properly involved and others were unaware decisions had been made, it said.

READ MORE: NHS chiefs warn of 'significantly constrained' vaccine supply

READ MORE: Almost half of UK adults have now had at least one Covid-19 jab

A report added that a combination of "unprecedented pressure" on providers and "rapidly developing guidance" may have led to situations where DNACPR decisions were incorrectly conflated with other clinical assessments.

The regulator found a "worrying picture" of poor involvement of people using services, poor record keeping, and a lack of oversight and scrutiny of the decisions being made.

But it noted that the issues raised - such as the need for proper, consistent processes around timely conversations about people's care - pre-dated the pandemic.

The CQC was asked by the Department of Health and Social Care to conduct a rapid review of how DNACPR decisions were used at the start of the pandemic.

Tory peer says the country broadly should be proud of Covid response

It produced an interim report in December which found that doctors may have made blanket decisions without the input of patients or their families during the first wave of the pandemic.

The latest report includes evidence from seven Clinical Commissioning Groups (CCGs), responses from adult social care providers, a public survey and voluntary sector organisations.

Some 2,048 adult social care providers responded, and said 508 DNACPR decisions made since March 17, 2020 had not been agreed in discussion with the person, their relative or carer.

Around a third (180) were still in place in December.

And, while responsibility for making DNACPR decisions does not largely rest with adult social care providers, 119 providers said people in their care had been subject to blanket DNACPR decisions since March 2020.

The CQC said the figures raised concerns about whether the providers making these decisions were at risk of breaching the Equality Act 2010.

Iain Dale's fiery monologue on EU's behaviour in vaccine row

Most providers of adult social care, and primary and secondary care, said they were not aware of inappropriate DNACPR decisions.

But other stakeholders, service users, families and carers said blanket DNACPR decisions had been proposed locally.

The regulator heard evidence that these decisions were "quickly challenged and retracted".

One person told the CQC: "I only found out about the (DNACPR) when they were discharged from hospital; no-one had mentioned it to me before nor to the person concerned. It was a tremendous shock."

Another said: "I felt pressured to accept the decision of the doctors as they illustrated a terrible picture (i.e. immense suffering of the person) if I did not."

The CQC is calling for a ministerial oversight group to work with health and care providers, local government and the voluntary sector to deliver improvements.

Rosie Benneyworth, chief inspector of Primary Medical Services and Integrated Care at the CQC, said: "It is vital we get this right and ensure better end-of-life care as a whole health and social care system, with health and social care providers, local government and the voluntary sector working together.

"Covid-19 has brought this to the fore but these are not new issues."

An NHS spokesman said: "The NHS has repeatedly instructed local clinicians and services that the blanket DNA(CPR) decisions would be unacceptable and that access to treatment and care for people should be and is made on an individual basis in consultation with family and carers."

A DHSC spokesperson said: "It is totally unacceptable for 'Do Not Attempt CPR' orders to be applied in any kind of blanket fashion - this has never been policy and we have taken decisive action to prevent it from happening."

More Latest News

See more More Latest News

Vinicius Junior of Real Madrid celebrates a goal.

Four people given suspended prison sentences for hate crimes after hanging effigy of Real Madrid star

Electricity prices in the UK are high because of the "insane" wholesale market, Parliament has been told.

UK electricity prices ‘way too high’ because of ‘insane’ wholesale market, Parliament told

Detectives have released CCTV footage of a man they wish to speak to following an attempted rape

Bid to trace man as police investigate attempted rape of woman in cinema

Exclusive
Jess Phillips on LBC

Victims deserve credit for grooming gangs national inquiry - not Elon Musk, says Labour minister

Lammy insists UK 'not involved' in Israeli air strikes  - as Iranian state TV studio 'hit by rockets' during live broadcast.

Lammy insists UK 'not involved' in Israeli air strikes - as Iranian state TV studio 'hit by rockets' live on air

The Holiday Inn Express in Rotherham, England, where Britain's Deputy Prime Minister Angela Rayner will visit on Wednesday Aug. 7, 2024 following riots

Pregnant teenager facing jail term following role in Rotherham riots targeting migrant hotel

Hamilton started the race in fifth and looked to be on course for a positive 70 laps - before his Grand Prix was impacted in the initial stages.

Lewis Hamilton is left 'devastated' after hitting a furry animal at 100mph in F1's Canadian Grand Prix

Gareth Bale is reportedly being lined up to front a takeover of League One side Plymouth

Gareth Bale in talks to front shock US takeover of League One club

DJ John Reid has died suddenly aged 61

Top DJ dies suddenly aged 61 as music stars pay tribute

Britain's Prime Minister Keir Starmer speaks to the media at the G7 summit, in Kananaskis, Alberta, Canada, Monday, June 16, 2025.

'Israel has right to defend itself - and Iran cannot have nuclear weapons', say world leaders at G7 summit in Canada

Court artist drawing by Elizabeth Cook of 92-year-old Ryland Headley appearing via video link at Bristol Magistrates' Court, charged with the rape and murder of widow Louisa Dunne in Bristol in 1967.

Man, 92, goes on trial for the rape and murder of a pensioner in 1967

.

Scottish school apologises after calling Union Flag 'offensive or sectarian' in letter to parents

Richard Oladi, who works in NHS primary care alongside his mother, is currently stuck in Tehran.

'Desperately frightened' NHS worker describes being trapped in Tehran while on a family visit with his mother

A crane retrieves part of the fuselage of the Air India Boeing 787 on June 14, 2025 in Ahmedabad, India.

Families of British Air India crash victims 'feel utterly abandoned' as they blast UK government's response

Chris Brown is back on stage after being bailed

Where Chris Brown will play on Breezy Bowl XX world tour after bail

Viswash Kumar Ramesh (circled) walking out of the wreckage while clutching his phone

New video shows sole survivor of Air India disaster walking away from fireball wreck while on his phone