WGPlus (Archive)

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.
Researched Links:

LC: People with dementia & learning difficulties detained in care without checks due to “failing” law

LGA responds to Law Commission report on DoLS

Government must commit to closing social care funding gap

£2.6bn could be needed to fix social care - LGA warns

Protecting the liberty of those who are less able to protect themselves