Agenda item

Report of Acting Director, Children and Adults Services

The Acting Director of Children and Adults Services submitted a report (previously circulated) to provide an update on Deprivation of Liberty Safeguards (DoLS) and Deprivation of Liberty in supported living and home environments, including outcomes for people.

The submitted report explained that DoLS was a legal framework which existed to ensure that individuals who lack mental capacity to consent to the arrangements for their care, where such care may, because of restrictions imposed upon an individual’s freedom of choice or movement, amount to a ‘deprivation of liberty’, have the arrangements independently assessed to ensure they are in the best interests of the individual concerned.

The submitted report explained that a local authority has a statutory responsibility as the supervisory body for operating and overseeing the Mental Capacity Act 2005 (MCA) DoLS, which included assessing and granting, or otherwise, all DoLS authorisations received from Managing Authorities. The submitted report stated that Managing Authority was the person or body with management responsibility for the hospital or care home in which the person was, or may become, deprived of their liberty.

The submitted report outlined the restrictions faced by DoLS assessors to date through the Covid-19 pandemic, and the changing Department of Health guidance. The submitted report informed Members that it is planned that DoLS will be replaced by Liberty Protection Safeguards (LPS) in April 2022.

Members entered into discussion on the reasons for the North East of England consistently having the highest levels of DoLS requests and authorisations, and the reason why 701 DoLS requests in 2019/20 did not proceed to authorisation. 

Discussion ensued on the temporary redeployment of two Best Interest Assessors (BIAs) in 2019/20, the associated costs, and the reduction in training. Members were also keen to ascertain how DoLS assessments were carried out during the period of the Covid-19 pandemic when face-to-face assessments could not be conducted.

It was observed that the role of the local authority had increased and Members enquired about the cost implications and potential Government support, and the impact of this on staff absorbing the additional workload as business as usual.  

Further concern was expressed in relation to the impact of the Covid-19 pandemic and the potential effect that this may have on the introduction of Liberty Protection Safeguards, and the impact on the Mental Health of those who are unable to spend time with relatives in receipt of end of life care.  

RESOLVED – That the contents of the report, and the implications, be noted.