Treatment without consent i.e. Covert medication is a breach of Article 8, Right to Respect a Private Life. 
 Article 8 of the Act protects humans physical, moral and psychological integrity as well as the right to say yes or no. 

Restriction of possession of controlled drugs.

(1)Subject to any regulations under section 7 of this Act for the time being in force, it shall not be lawful for a person to have a controlled drug in his/her possession.

Looking at the Royal Pharmaceutical societies policy on: Professional Guidance on the Administration of Medicines in Healthcare Settings (2019) the following sections will supply guidance and understanding on the correct procedures and the lack thereof:

4.1.3 the patient assumes full responsibility for the storage and self-administration of the medicine

7 Registered healthcare professionals who administer medicines, or when appropriate delegate the administration of medicines, are accountable for their actions, non-actions and omissions, and exercise professionalism and professional judgement at all times.

10 Wherever possible, the actions of prescribing, dispensing/supply and administration are performed by separate healthcare professionals. Exceptionally, where clinical circumstances make it necessary and in the interests of the patient, the same healthcare professional can be responsible for the prescribing and supply/administration of medicines. Where this occurs, an audit trail, documents and processes are in place to limit errors.

15.3 That issues around consent have been considered

21 Medicines are administered covertly only to people who actively refuse their medication and who are considered to lack mental capacity in accordance with an agreed management plan.

Due to the abundance of supporting sections, the aforementioned list is not exhaustive; however, we evaluate the following sections:

Section 4 highlights that the patient will take self-administer their medicine. Section 7 correspondingly details that if someone cannot self-administer their medication a healthcare professional will provide assistance while being fully accountable for their actions, non-actions and omissions, and exercise professionalism and professional judgement at all times.

Therefore, the health care assistant is not in a position to covertly issue drugs to the patient. Section 21 illustrates covert administration of medicine, which would give defense to the healthcare worker, however, it would be detailed and audited contrary to section 10- thus one would need to question the care plan set in place around the care of the patient before any legal or disciplinary actions are taken.

- if a person lacks capacity and is unable to understand the risks to their health if they do not take their prescribed medication, and the person is refusing to take the medication, then it should only be administered covertly in exceptional circumstances; 

-before the medication is administered covertly there must be a best interests decision which includes the relevant health professionals and the person's family members; 

-if it is agreed that the administration of covert medication is in their best interests then this must be recorded and placed in the person's medical records/care home records and there must be an agreed management plan including details of how it is to be reviewed; and 

-all of the above documentation must be easily accessible on any viewing of the person's records within the care/ nursing home . 

The Human Rights act states that people who are capable of making the decision have the right to accept or refuse medical treatment even if that may lead to their death. However, the mental health act may override said decision in certain circumstances. 

So to say, even if the nurse had good intentions – she did not undergo the correct routine in order to be able to give the covert medication and therefore has violated many acts causing what I think to be a major legal issue.