Adult Protection Departments appear to be using the excuse of ‘safeguarding’ to facilitate ever more efficient/profitable ‘care’.
Remember DOLs’ horrific effect, removal of any objection as to when, or what you eat, who you see, where you live, when you go out and where and even when you wash and how.
Forced medication and encagement usually as for profit for life.
Once you are deemed MCA ‘incapable’, all that is needed by a private provider to do all of these is a rubber stamped DOL.
195,840 DOLS applications were received by councils from care providers in 2015-16.
The highest number recorded since DOLS were introduced in 2009, representing 454 DOLS per 100,000 adults in England.
They then increased by 24% from 2016 to 17 see here
As by current care providers, they may not include new removals by the Court of Protection.
So these may need to be added.
We need statistics for the actual number of those in state ‘care’ subject to DOLS per se.
The statistics show large variations between regions .
The North East had almost three times as many (900 per 100,000) compared to London (319).
The remaining regions between 400 and 500 applications per 100,000 adults in 2015-16.
105,055 successful applications were reported in 2015-16, compared to 62,645 in 2014-15.
An increase of 68%, following a 380 % increase in successful applications between 2013-14, and 2014-15 (from 13,040 in 2013-14).
Of the 105,055 applications in 2015-16, 76,530 (73 per cent) were granted and 28,530 (27 per cent) not granted.
The ones that were not granted, are likely to be due to the fact that legally the facet of care was not a deprivation of a person’s liberty.
The North East has the highest rate with 665 applications per 100,000 residents.
This is more than two and a half times the next highest region, the South West (258).
The other eight regions display some variation, with the South East having the lowest rate of 179 per 100,000 residents..
Although the proportion granted was relatively consistent across most regions, only 44 per cent were granted in the South West, whereas 86 per cent were granted in the North East and London.
Councils are unable to cope with the number of applications and backlogs have resulted in some urgent applications, not being signed off for seven months, rather than the seven days required by law.
Official figures released last week by NHS Digital revealed the DOLS case backlog hit 101,750 in April 2016, up from 75,000 the previous year.
Local Authorities have resorted to the use of desktop assessments, to grant deprivation of liberty orders in a bid to clear a backlog of more than 100,000 referrals.
And DOLS trainer and a best interests assessors raised concerns that desktop assessments risked losing a key check and balance in the process.
A class action in May 2017 by LAs to force government to fund DOLs system was dismissed.
So, an unworkable MCA system, confirmed by the Supreme Court in the Cheshire Case, means thousands and increasing are being held captive and forcefully medicated illegally.
So much for Magna Carta, the Rule of Law, Separation of Powers and Civil Rights.
The Cheshire Supreme Court decision removes the liberty of the disabled in the guise of protecting it, stating ;
‘Human rights have a universal character and physical liberty is the same for everyone, regardless of their disabilities. What would be a deprivation of liberty for a non-disabled person is also a deprivation for a disabled person.’