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The Deprivation of Liberty Safeguards

The Deprivation of Liberty Safeguards. 20 minute update May 2010 Jason Marshall Best Interests Assessor . The Deprivation of Liberty Safeguards. At the introduction in April 2009 the use of the safeguards was far below estimates – just 35%.

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The Deprivation of Liberty Safeguards

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  1. The Deprivation of Liberty Safeguards 20 minute update May 2010 Jason Marshall Best Interests Assessor

  2. The Deprivation of Liberty Safeguards • At the introduction in April 2009 the use of the safeguards was far below estimates – just 35%. • No authoritative interpretation of this has been issued by Dept of Health. • Education ongoing. • Nationally numbers are now increasing slightly.

  3. In Worcestershire • Total number of requests for first 12 months - 67. • 51 came from care homes. • Consistently 5 or 6 every month this year. • Many requests are now more appropriate – half have been authorised this year (20% in 2009).

  4. DoLS issues in recent authorisations • Preventing discharge to family member. • Persistent restraint needed. • Control over movement and social contact. • Prevention of return home without planned care. • Continual environmental restraint – locked in.

  5. Non – DoLS Issues in recent cases • Protesting about being heavily restricted to one person, or this ocurring on just one occasion. • Unfulfilled wishes to leave care, but has plans still being worked on. • Continual movement about home, sometimes trying doors.

  6. MCA / DoLS problems are we finding • Scarcity of evidence of MCA in care planning • Family involvement equates to family making or breaking decisions that care staff are responsible for. • Agreements signed / consent ‘given’ by those with no capacity, on money, behaviour, possessions etc. • Invalid Do Not Attempt Resuscitation forms. • DoLS forms do not demonstrate good practice

  7. The DoLS Team ongoing activities • DoLS assessments. • Education sessions to staff teams on DoLS and MCA. • Prioritising homes that are zero or 1 star. • WCC/NHS staff development. • Extra value projects – advice, website, appointeeship

  8. Contacts and the latest tips for more info. • The DoLS Team - 01905 822624 • dols@worcestershire.gov.uk • www.worcestershire.gov.uk - pages on MCA and DoLS • www.mentalcapacity.com – good training materials. • www.scie.org.uk - The Social Care Association Audit tool

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