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 number of applications made by care homes and hospitals to local authorities under the Deprivation of Liberty Safeguards (DoLS) has increased by an average of 15.0% each year since 2014-15, official statistics from NHS Digital have revealed.
Its report, Mental Capacity Act 2005, Deprivation of Liberty Safeguards England, 2018-19, said there were 240,455 applications received during 2018-19, relating to 200,225 people.
The data is collected from local authorities in England, who are the supervisory bodies for authorising deprivations of liberty of adults in care homes and hospitals.
Other findings from the report included:
A copy of the report can be viewed here.
In March 2014 the Supreme Court gave its landmark ruling on the ‘acid test’ for deprivations of liberty in P (by his litigation friend the Official Solicitor) v Cheshire West and Chester Council & Anor [2014] UKSC 19, leading to many more people being assessed for DoLS.
The Liberty Protection Safeguards are due to replace the DoLS framework in October 2020.