|Not all ‘incarceration’ is the result of criminal acts|
Thousands of vulnerable people with dementia & learning disabilities are being detained in hospitals & care homes without the appropriate checks, due to a law unfit for purpose according to the Law Commission.
Often those who lack the mental capacity to consent – like certain people with dementia or learning disabilities – need to be detained in a place like a hospital or care home when it is in their best interests. For example, a dementia patient may be kept in their care home to prevent them from wandering off, which could put them in danger. This is known as a deprivation of liberty and a proper authorisation process should be in place to ensure that this is done lawfully.But since a landmark legal case in 2014, which widened the definition of who was subject to the “Deprivation of Liberty Safeguards”, local authorities have been under increased administrative pressures. As a result last year 100,000 people who required the authorisation did not receive it.