Minister confirms replacement to the Deprivation of Liberty Scheme

A minister has confirmed that the government will amend its planned replacement to the Deprivation of Liberty Safeguards (DoLs) so that it applies to 16-and-17 year olds. Yesterday the House of Lords debated the bill, after the government were criticised for excluding 16 and 17 year olds from the scheme.

Further criticism of the bill has centred around the proposal to give care home managers responsibility for critical roles in relation to potential deprivations of liberty in their homes. This includes; arranging the required assessments and determining whether the three conditions for a deprivation of liberty have been met, ensuring that the necessary consultation has taken place to determine the person’s wishes and feelings, establishing whether the person is objecting to the arrangements, and, therefore, whether an approved mental capacity professional (AMCP) should scrutinise the case, and determining whether the person is entitled to an advocate. Care home managers are then expected to report on these points to the Local Authority who would be responsible for signing off the deprivation of liberty arrangement or not.

These plans have come under scrutiny and been criticised on several grounds. Questions arise as to whether care home managers require the requisite skills to perform these functions and if there will be enough funding to carry out these roles.

Providers need to be aware of these proposed changes to the roles of care home managers and DoLs.

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