Agenda item

The Board gave consideration to an update related to the Liberty Protection Safeguards, the annual data return for the 2018/18 Deprivation of Liberty Safeguards (DoLS), the current position in Oldham and areas of development.

The Deprivation of Liberty Safeguards aimed to protect people who lacked the mental capacity, but who needed to be legally deprived of liberty in order to be given care and treatment in a hospital or care home.  If a person’s right to liberty needed to be infringed in other settings, authorisation would need to be obtained from the Court of Protection. 

The Law Commission had published its report which proposed the Liberty of Protection Safeguards as a replacement for the Deprivation of Liberty Safeguards.  Ministers had broadly accepted the proposals, however, legislation was not imminent and would be when Parliamentary time allowed. 

The Board was also informed of the annual data return for the DoLS in Oldham for 2017/18 which had shown an increase in the number of applications received, applications still active, the number of applications which had not been completed and the number of urgent applications received.  There was significant time invested in each application as it was a serious task to be undertaken.  There was an issue with current capacity in the ability to sign off the applications. Potential solutions were under consideration. 

Members asked as part of the assessment process if family members were involved and were informed that the process was overseen by someone not from a statutory service and in most cases that a family member was involved and family members were asked to agree proposals.  Members asked of the applications last year if there was duplication and this was confirmed. 

The Board were informed that those individuals not in the hospital or care home, but who were to be assessed under the DoLS, the supervisory body could not make the decision but was subject to the Court of Protection with costs involved.  Members were informed that Oldham was not alone in facing the challenges involved with this process.  Funding for the DoLS came from the core budget and adult social care budgets were very challenging. 

Members asked if all councils were in a similar backlog position and if casework could be given to another council.  Members were informed that some councils did not have the issue as they had invested previously. However, half of all Councils were not dissimilar to Oldham.  It was also clarified that the supervisory body where the individual lived had to undertake the assessment.

Members also sought and received clarification on those assessments which were not granted.  Members sought clarification on the low BME intake and it was clarified that most of the DoLS come from care homes who in terms of population were mainly white, however, when DoLS would be looked at outside of the care home and hospital environment – this was expected to rise.

Members sought clarification on the impact of the DoLS on staff and it was explained that the proposed changes should make improvements but could put pressure somewhere else.  Capacity was being reviewed across a number of roles as to whom could undertake assessments.  Members asked if district nurses could be trained and this was confirmed as a possibility.  Community health nurses could also be trained.

RESOLVED that:

1.         A further update on the Deprivation of Liberty Safeguards be provided when legislation changed or there was a deterioration in service to be addressed by the Board.

2.         The Board endorsed referral of the proposed legislation of the Liberty Protection Safeguards to the Cabinet Member for Health and Social Care in order for the issue to be raised with the Borough’s three MP’s.