Department of Health response to the Law Commission’s consultation on mental capacity and deprivation of liberty

Department of Health, December 2015

The Department of Health has published its response to the Law Commission’s consultation on how the law should regulate deprivations of liberty (DoLS) for people who lack capacity to consent to their care and treatment arrangements. The consultation proposes that DoLS should be replaced by a new system called ‘protective care’. It also proposes that there should be a new code of practice. The Law Commission will publish its final recommendations by the end of 2016.

Click here to view the response.

Advertisements

Deprivation of Liberty Safeguards 2013/14

Care Quality Commission, 2 February 2015

The CQC have published the findings from their fifth annual report on the use of the Deprivation of Liberty Safeguards, which looks at the period 2013/14. 

The findings of the report show:

The number of applications to use the safeguards rose over the year 2013/14, but dramatic rises followed in Q1 and Q2 of 2014/15, following the Supreme Court’s clarification that that a person lacking mental capacity to consent is deprived of their liberty if they are both not free to leave and under continuous supervision and control. Since this clarification, there has been an eight-fold increase in the number of applications.

Regional variation still exists
We continue to see regional variations in application rates.

  • The safeguards are most often used to protect the rights of older people, who may be living with dementia so we expect to see more Deprivation of Liberty Safeguards applications in parts of the country with a relatively older population. However, even adjusting the figures to take account of demographic factors (for example, the relatively young population of London), variations have persisted.
  • The rapid and unprecedented rise in applications since March 2014 is putting extra pressure on local authorities and creating backlogs.
  • At the end of September 2014, there were still 19,429 applications where a decision was still to be made, while at the end of 2013/14 there were just 356 where a decision was still to be made.

Click here for further information and to download the report.

‘Streamlined deprivation of liberty process risks rubber-stamping local authority decisions’

Community Care, 11 August 2014

Sir James Munby, President of the Court of Protection, has ruled that the court’s system for handling deprivation of liberty cases can be ‘streamlined’ so that initial decisions are made on paper evidence alone without the need for an oral hearing…

Click here to read the full article.