What now for deprivations of liberty?
What will the effect of the postponement of the Liberty Protections Safeguards be on local authorities? Local Government Lawyer asked 50 adult social care lawyers for their views on the potential consequences.
SPOTLIGHT |
SPOTLIGHT |
The Care Quality Commission (CQC) recently published interim findings about the segregation in mental health wards of young people and people with a learning disability or autism. Holly Bridden looks at the lessons to be learned.
The CQC report focuses on the care provided to 39 individuals, 16 of whom had been in segregation for a year or more. There have been longstanding concerns regarding hospital care for those with a learning disability or autism and despite focus from the commencement of the Transforming Care Programme, there remain very serious concerns.
Matt Hancock, commissioner of the work, commented that he was appalled by stories of people with autism and learning disabilities spending prolonged periods in isolation in mental health units, and has vowed to improve their treatment.
What the CQC found
The CQC visited 39 people who were in segregation. They found:
The CQC concludes that the current system of care has failed those who have ended up in segregation in a hospital and that the current system is not fit for purpose.
Interim recommendations
Segregation, human rights and equality
The CQC highlights that a decision to place a person in segregation without the necessary process being followed may amount to a breach of a person’s right to liberty and security.
It is noted that even if a decision to place someone into segregation is lawful, there could be breaches of a person’s right to private and family life as regards the conditions that they are experiencing. The CQC provides access to outside space, possessions or to family and friends as areas which ought to be carefully considered as regards their lawfulness, legitimacy and necessity. Routine use of force may also breach the right to private and family life if such actions are not proportionate to the level of risk.
The CQC notes that practices and interventions which cause significant distress may also amount to a breach of a person’s right to be free from inhuman and degrading treatment.
Providers also have a duty under the Equality Act 2010 to make reasonable adjustments for a disabled person using their service, which includes those with autism. This could include making changes to the physical environment or meeting specific communication needs. The CQC confirms segregation is a human rights issue and that this will be considered further as part of their ongoing review.
The CQC emphasises that Providers must only impose restrictions on people after careful consideration, these restrictions must be reviewed regularly to ensure they remain necessary and proportionate to the level of assessed risk.
Next steps
Phase two will explore restrictive practices in a wider group of settings. Provider information returns have been sent to 116 low secure mental health wards and to 4,335 adult social care services. The final report and recommendations are due to be published in spring 2020.
To ensure that care plans for LTS are appropriate, we advise that these should be reviewed by your medical director or your legal team for a second opinion.
Holly Bridden is a solicitor at RadcliffesLeBrasseur. She can be contacted on 020 7227 7455 or This email address is being protected from spambots. You need JavaScript enabled to view it..