Ten mental health trusts under the NHS have been reported to the Care Quality Commission following concerns about how they obtain patient consent for digital monitoring systems. The issue came to light during hearings of the Lampard Inquiry, which is investigating deaths of more than 2,000 individuals who received care in Essex mental health units between 2000 and the end of 2023.
The monitoring technology in question uses infrared sensors to track patients’ breathing and pulse rates without requiring staff to physically enter bedrooms. NHS England referred the trusts to the regulator after conducting a review of digital monitoring systems, including one called Oxevision. According to testimony from Gareth Harry, NHS England’s National Delivery Director for Mental Health, Learning Disability and Autism, the review discovered that 10 mental health trusts were “not operating their consent mechanisms in line with the digital principles.”
Concerns about the technology’s deployment first surfaced in 2021, with staff raising questions about consent procedures, patient observations, and human rights implications. An internal NHS email from 2022 referenced instances where patients were allegedly “not being given the choice to refuse being filmed.” Following these concerns, NHS England issued guidance in 2023 stating that monitoring technology should not be implemented as a universal practice and that individual patient decisions should be made with patient involvement when possible.
Lawyers representing bereaved families questioned why several years elapsed before NHS England took action following the initial concerns. Harry indicated that individual trusts held responsibility for implementing guidance rather than NHS England itself. During questioning, counsel to the inquiry asked whether NHS England acknowledged that innovation enthusiasm might overshadow careful attention to consent and ethical considerations. The Care Quality Commission is scheduled to provide evidence to the inquiry on 7 October. The final report from Baroness Lampard’s inquiry is expected in 2028, though interim recommendations may be issued if urgent safety issues are identified.
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