Decision status: Recommendations Approved
Is Key decision?: No
Is subject to call in?: No
Director of Children and Adult Services submitted a report
(previously circulated) updating Members on the impact of the
Deprivation of Liberty Safeguards (DoLS) on the Authority.
The submitted report outlined the background to the introduction of the DoLS, which had come into force in England and Wales on 1 April 2009, as amendments to the Mental Capacity Health Act 2007 and in response to a breach of the European Convention on Human Rights, which found that, legally, adequate protection was not given to people who lacked mental capacity to consent to care or treatment and who required some restrictions on the liberty to keep them safe.
Reference was made to the continued demand on the authority in
term of the high number of requests being received, however, the
Assistant Director Adult Social Care, reported that additional
resources had been provided to ensure that the Council met its
statutory obligations and that the reliance on independent Best
Interest Assessors had been reduced, with the Council employing its
own Assessors and training existing staff.
Following a question by a Member, it was reported that
Darlington had a good record of ensuring that its DoLS were in
place to meet statutory requirements, however, there was currently
a slight backlog.
RESOLVED – That the report be received and that a further report on any proposed changes to the DoLS scheme be submitted to this Committee.
Publication date: 16/01/2019
Date of decision: 30/10/2018
Decided at meeting: 30/10/2018 - Adults and Housing Scrutiny Committee