Record number of liberty curb bids
Tuesday 20th August 2013, 1:31PM BST.
A record number of requests have been made by hospitals and care homes to deprive people of their liberty, figures show.
There were 11,890 Deprivation of Liberty Safeguards (Dols) requests made in England during 2012/13 – a 66% rise on three years ago.
The Health and Social Care Information Centre (HSCIC) said t here has been a year-on-year increase in the number of applications completed since the introduction of Dols in 2009/10.
Councils and local health authorities can approve placing restraints or restrictions on people who are deemed to lack the mental capacity to consent to their care or treatment. They include those with dementia or a learning disability.
Methods of deprivation include using physical restraint, forcibly giving them medication and preventing them from seeing relatives and friends.
The HSCIC report showed that just over half of the applications (55%) were granted.
Dementia was recorded as the primary disability in 54% of the applications.
Dols aim to make sure that people in care homes and hospitals are looked after in a way that does not inappropriately restrict their freedom.
They should ensure that a care home or hospital only deprives someone of their liberty in a safe way, and when there is no other way to look after them.
If a person is to be deprived of liberty, a care home must follow a strict process. This includes providing the person with a representative, giving the person or representative the right to challenge the order through the Court of Protection and a regular review of the situation.
Last week MPs warned that Dols are often used incorrectly.
T he Health Select Committee said: ” There is considerable confusion around the scope of the safeguards and how and when to apply them in practice.
” The evidence the committee heard regarding the application of Dols revealed a profoundly depressing and complacent approach to the matter.
” There is extreme variation in their use and we are concerned that some of the most vulnerable members of society may be exposed to abuse because the legislation has failed to implement controls to properly protect them.”
The MPs called for an urgent review of the system.
A Department of Health spokeswoman said: ” It is important that vulnerable people are protected, especially when they need to be deprived of their liberty in their own best interests.
“The increase in the number of assessments shows how more are being carried out when they should be to safeguard people and protect their rights in care homes and hospitals.
“There are however unacceptable variations across the country and we are working with the CQC, health services and local authorities to ensure that these protections are used whenever they are needed. We will take action where necessary to protect individual patients.”