During recent hearings of the Lampard Inquiry, which is investigating deaths of over 2,000 people who were in mental health units in Essex between 2000 and the end of 2023, issues emerged regarding consent procedures for patient monitoring technology. NHS England reported ten mental health trusts to the Care Quality Commission after discovering problems with how digital monitoring systems, including infrared technology known as Oxevision, were being implemented.
The infrared systems are designed to monitor breathing and pulse without requiring staff to enter patient bedrooms. However, concerns have been raised about consent, patient observations, and human rights implications. An internal NHS England email from 2022 revealed that some trusts were not giving patients the choice to refuse being filmed. NHS England first became aware of safety concerns linked to the technology in 2021, according to testimony from Gareth Harry, NHS England’s National Delivery Director for Mental Health, Learning Disability and Autism.
In 2023, NHS England issued guidance stating that monitoring technology should not be introduced as a blanket approach and that decisions should be made individually for each patient, with patient involvement where possible. A subsequent review found that ten mental health trusts were not operating their consent procedures in accordance with digital principles. NHS England notified the Care Quality Commission on 2 October and shared findings with inspection teams. The trusts involved have not been publicly identified.
Lawyers representing bereaved families questioned the lengthy delay between initial safety concerns and NHS England’s response. Harry stated that individual trusts held day-to-day responsibility for following guidance rather than NHS England itself. During inquiry questioning, counsel raised whether enthusiasm for innovation might overshadow scrutiny of consent and ethics considerations. The Care Quality Commission indicated it takes action when providers fall short of relevant guidelines and safe, high-quality care standards.
Bjonas Lampard has stated she may issue interim recommendations regarding technology introduction if urgent patient safety risks are identified before the inquiry’s final report, expected in 2028. Current hearings are scheduled to continue until 15 October, with an additional virtual session on 20 October.
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