A government consultation has been launched to review the current Deprivation of Liberty Safeguards system which is ‘bureaucratic and complex’ sat the government. The result of which is over 120,000 sitting in a backlog causing ‘unacceptable distress for families’ and putting pressure on the social care system. The current interpretation of the law leads to ‘poor understanding and application… by professionals’ said the government. Currently there is a backlog of 123,790 individuals affected.
Run by the Department of Health and Social Care and the Ministry of Justice, the consultation will launch in the first half of next year seeking the views of those affected such as families, carers and practitioners including social workers, nurses, psychologists and occupational therapists. The proposed Liberty Protection Safeguards aim to deliver improved protection and an easier and improved system to allow carers, psychologists, social workers and families to provide care to vulnerable people in circumstances that amount to a deprivation of liberty and comes after calls from organisations including the Care Quality Commission, Mencap and Mind for the replacement of the outdated Deprivation of Liberty Safeguards.
Minister of State for Care Stephen Kinnock said:
“Safeguarding the vulnerable and protecting their rights is the absolute priority of this government. This is about fixing a broken system by hearing directly from those with lived experience and their families.”
“There is currently a shameful backlog in the system of unprocessed cases under the current system, which means that people’s rights are not being protected. At the same time, we know that many people in the system and their families find these intrusive assessments distressing.”
“This is about ensuring we are fully focused on the most vulnerable people in our society and their families – understanding their needs, ending the maze of referrals and paperwork, and delivering the best protections and safeguards possible.”
A 2014 Supreme Court ruling, known as Cheshire West, established an ‘acid test’ which broadened the definition of what it means to be ‘deprived of liberty’ and led to an increase of 300,000 referrals between 2013 to 2014 and 2023 to 2024 – in addition to a backlog of 125,000 cases. Each case represents an extremely vulnerable person who needs comprehensive care and support and does not have the mental capacity to make decisions about their care alone.
The last time the Mental Capacity Act Code of Practice and Liberty Protection Safeguards were consulted on was in 2022, which did not lead to any changes.
The consultation comes following a case brought in Northern Ireland challenging the Cheshire West ‘acid test’ but the UK government have been granted permission by the Supreme Court to intervene as it recognises the issue within the current system and sought to be part of this vital conversation and put forward a UK-wide solution. The responses from this consultation will be used to inform a final Mental Capacity Act (2005) Code of Practice, which will be laid in Parliament. The revised code of practice will incorporate changes in case law, legislation, organisational structures, terminology and good practice since 2007, addressing critical challenges in the existing Deprivations of Liberty Safeguards framework.
One Response
Makes you ashamed to be British.