Council breaks law over deprivation of liberty

Staffordshire County Council decided in 2016, along with other local authorities, to no longer assess all requests from care homes and hospitals for certain residents to have their independence reduced in a bid to save funds.

The assessments, known as Deprivation of Liberty Safeguards (DoLS), need to be carried out before depriving someone of their liberty can be authorised, if it is believed this is in the person’s best interests and necessary to protect them from harm, the Local Government and Social Care Ombudsman has stated.

But in May 2016, Staffordshire County Council decided it would stop carrying out any assessments except those cases it classified as high priority.

The ombudsman said that in June 2016 the council had a backlog of 3,033 DoLS requests for which it had not carried out the relevant assessments, with some dating back to August 2014.

But the council said it would cost £3.5 million to clear the assessment backlog.

And since May 2016 the council told the ombudsman it has closed nearly 2,000 applications without assessment because a person had died before one could take place.

Michael King, Local Government and Social Care Ombudsman, said: "While councils may decide how to prioritise cases, it is not acceptable that the only way low and medium priority applications are resolved is because the people involved move away or die."

The ombudsman said the council will have to prepare an action plan for how it is going to deal with all incoming DoLS requests and the backlog of unassessed requests, within three months of the amendment to the Mental Capacity Act 2005 being finalised by Parliament.

Staffordshire County Council said that after a test court case, authorities have seen requests for DoLS assessments soar, with Staffordshire seeing a rise of more than 1,000 per cent in a three-year period.

Alan White, deputy leader of Staffordshire County Council and cabinet member for health, care and wellbeing, said: “The test case put a huge additional burden on every council and we, like others, have prioritised DoLS applications to ensure those assessed as being at the highest risk are properly supported.

“No-one has complained about the policy of prioritisation since its introduction, no individual has suffered injustice and no-one’s life or health has been put risk.

“The Government and the Association of Directors of Adult Social Services have backed a prioritising approach and it is generally accepted that the current DoLS legislation is no longer fit for purpose.

“Despite the finding we are not being asked to change what we do on a day-to-day basis until it’s time to implement the amendments to the Mental Capacity Act 2005, which will be next year at the earliest.”

He added: “Looking after the most vulnerable in our communities is a key concern and we will continue to focus upon it.

“We will also be lobbying Government so that the changes envisaged for this complex area are supported by appropriate funding.”