Ten mental health trusts have been reported to the health regulator, the Care Quality Commission (CQC), over problems with patient consent procedures for monitoring patients using camera technology.
The issue came to light during the ongoing Lampard Inquiry, which is investigating the deaths of over 2,000 individuals who were in mental health units in Essex between 2000 and the end of 2023.
NHS England informed the inquiry that it had shared information with the CQC after reviewing the use of digital monitoring systems, including Oxevision. The infrared technology is designed to monitor breathing and pulse in patients' bedrooms, removing the need for staff to enter the room.
Gareth Harry, NHS England's National Delivery Director for Mental Health, Learning Disability and Autism, stated that concerns about consent, patient observations, and human rights were raised. An internal NHS England email from 2022, shown to the inquiry, indicated awareness of trusts where patients were "not being given the choice to refuse being filmed."
In 2023, NHS England advised mental health trusts that monitoring technology should not be implemented as a blanket approach and that decisions should be made individually for each patient, with patient involvement where possible. A review by NHS England, prompted by campaign group Stop Oxevision, found that 10 mental health trusts were "not operating their consent mechanisms in line with the digital principles." The names of the referred trusts have not been disclosed.
NHS England wrote to the CQC on 2 October, sharing these findings with inspection teams. The CQC is scheduled to provide evidence to the Lampard Inquiry on 7 October.