Care Providers now apply For Deprivation of Liberty over 0.45% of Citizens, success rate increased 380% since 2013/14.

DOLS PICTURE

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.

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.

http://content.digital.nhs.uk/catalogue/PUB21814

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.

http://www.communitycare.co.uk/2016/09/28/urgent-deprivation-liberty-cases-signed-seven-months/?utm_content=buffera1e8d&utm_medium=social&utm_source=pinterest.com&utm_campaign=buffer
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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.

http://www.communitycare.co.uk/2016/10/04/councils-turn-desktop-assessments-dols-backlog-hits-100000/?utm_content=buffer116d2&utm_medium=social&utm_source=pinterest.com&utm_campaign=buffer

A class action in May 2017 by LAs to force government to fund DOLs system was dismissed.

http://www.communitycare.co.uk/2017/05/03/councils-lose-court-battle-deprivation-liberty-funding/

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.

 

 

 

 

 

 

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7 Comments

  1. Yes a scandal of epic proportions mentioned no where .

    And these are only applications by ‘care’ providers. We have to add on the new recruits ordered by the COP.

    About the same proportion of gay people who want to marry, yet these people have had every right taken away from them.

    What can I say.

    Let me know how Martin is faring with his ????

    And thank you for your comment.

    Try to stay ……………

    finola

    Reply

    1. Martin’s DoLS is due to be renewed on 29 April,- it has not been challenged by his RPR.

      Every minute of his life is ruled by this Act. He can only leave the house when the staff allow it. He is now allowed to travel by bus alone to college, with the permission of the Occupational Therapist. There are no safeguards in place. He is allowed to go to the cafe once a week and allowed to buy his lunch with his own money. He is forced to pay £8O a week for his board and lodge by the LA. The LA have declared he is not eligible for continuing health care, after 18 years of being eligible. In spite of this the LA and CCG continue to pay £2,400 a week for the care and treatment of his epilepsy.

      He has never had a valid capacity assessment. And so on.

      Reply

  2. Shirley you have outlined the new future for possibly all epileptics.

    A condition that does not make you mental or incapable, or a lesser person, as your son shows.

    Merely that you need to take care, and if possible be accompanied when you go out.

    What sort of a society does this to as many as they can for profit.

    It as you know is illegal under MCA, as he has capacity, even if he did not it is illegal as the most restrictive, not least intervention is being imposed under the MCA.

    And in breach of UN Rights of Persons with Disabilities, Equality Act and Disability Discrimination Act. And their all important ‘dignity’- a middle aged intelligent man treated in this way. Where is his autonomy ?.

    The only safeguard is his RPR, who is appointed and paid for my the state to tick boxes and do nothing.

    You, a loving mother replaced by the authority of any itinerant care worker, who may have never met Martin and might not meet him again.

    And enforced medication without choice or even check.

    As you say God help you both.

    Thank you for the update Please keep us informed.

    Best Wishes, Finola

    Reply

  3. Its even worse than above. Martin is probably the only one with epilepsy who has been declared to lack capacity.

    The Act states “of the mind or brain” Epilepsy is neurological. The only case of “brain” the Act quotes is brain damage, and then usually from an injury.

    Suddenly, in 2007, in the Court of Protection, Martin was declared to be autistic, and together with his mild learning disability (part of his epilepsy) and to lack capacity.

    This is how corrupt the process is. I presented the Court,(in 2006) with the most professional capacity assessment possible by an expert. It stated that Martin had capacity to decide where he should live, and applied all the correct criteria. The LA stated they did not accept it, and that was it.

    I also have a statement from his present epilepsy consultant that states he has always presumed capacity with Martin, and acted accordingly. However this consultant refused to give the Court of Protection a capacity statement – he stated he was not legally liable to do this. And so it goes on.

    Reply

  4. Asking for Fold without mental illness is hard may be underpaid warehouse staff to administer due to Directives…… Needs clearly on label whether you want meds evening or night if not….. Do becomes essential they are doing this. Personal experience. Thank goodness my MH.

    Reply

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