The operation of the Deprivation of Liberty Safeguards in England, 2010/11

Care Quality Commission
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The Deprivation of Liberty Safeguards came into effect in 2009 with the aim of ensuring that people’s human rights are protected in certain care settings when they are deprived of their liberty. This is the second annual report on the Deprivation of Liberty Safeguards in England. Its purpose is to provide an overview of how the Safeguards were implemented and used in 2010/11. The findings are presenting in 2 sections: patterns of use based on analysis of data from the NHS Health and Social Care Information Centre (IC) and the CQCs own data; and information from inspections of care homes, NHS hospitals, independent hospitals, and Shared Lives and supported living schemes. The themes emerging from these inspections were: staff training and awareness; the process of applications, assessments and authorisations; involvement of people who use services in decision-making; use of restrictions or restraint; and safeguarding and medicines. During 2010/11 there were 8,982 applications to deprive a person of their liberty. Half of these were authorised. Good practice on the use of the safeguards is upheld generally, but findings show that there continue to be cases where people who lack capacity are deprived of their liberty without regard to their human rights.

Subject terms:
human rights, inspection, mental capacity, restraint, training, safeguarding adults, compulsory detention, compulsory treatment, Deprivation of Liberty Safeguards;
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