High Court reserves judgment in DOLS funding test case

The High Court has reserved judgment in a case brought by four councils over government finance for work connected with deprivation of liberty safeguards.

Nottinghamshire County Council, the London Borough of Richmond-upon-Thames, Shropshire Council and Liverpool City council launched the case last June.

They argued that a Supreme Court ruling in 2014 concerning Cheshire West & Chester Council led to many more people needing to be assessed, as it widened the definition of those covered by the Deprivation of Liberty Safeguards (DoLS) to a larger group. The councils said the Supreme Court had in effect created a ’new burden’ that should be funded as such by the government.

DoLS assessments seek to ensure that decisions made on behalf of people who lack mental capacity are in their best interests and do not inappropriately restrict their freedom. Councils must decide whether any requests for changes to care are appropriate, and review DoLS authorisations at least once a year.

The Law Commission has estimated that nationally around £400m is needed to fund this work, but the government has allocated only £35m. Nottinghamshire leader Alan Rhodes said: “Making sure the care and support that a vulnerable adult receives doesn’t infringe on their freedom is a priority for the county council and safeguards are in place to ensure that vulnerable people are not deprived of their liberty without proper assessment and legal justification.

“However, the increase in the number of assessments we are required to carry out since the Supreme Court decision in 2014 is very significant and has placed a heavy strain on our already stretched budgets due to significant yearly Government funding cuts.

“It’s only fair the government properly funds this significant extra demand, otherwise other council services potentially face reduced funding to help make up for this, which is why we are working with three other councils on this legal action.”