Council runs liability risk with inappropriate telecare provision

In a Telecare Soapbox item, James Batchelor, MD of Alertacall, raises a serious issue for councils and other telecare suppliers: what risk is a council running when its employee substitutes a ‘standard’ but inappropriate equipment package for a privately-funded one that was more suitable for the client? Would the person’s consent to the course of action be a defence if the consent were based on inappropriate advice?