SPOTLIGHT
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What now for deprivations of liberty?

What will the effect of the postponement of the Liberty Protections Safeguards be on local authorities? Local Government Lawyer asked 50 adult social care lawyers for their views on the potential consequences.

Applications for Deprivation of Liberty Safeguards in England continue to rise, while number completed in statutory timeframe falls: NHS report

The number of Deprivation of Liberty Safeguards (DoLS) applications received in England grew in 2021-22 by 5.5%, while the proportion of standard applications completed within the statutory timeframe of 21 days dropped to 20% (down from 24% in the previous year), according to a report from NHS Digital.

The report, Mental Capacity Act 2005, Deprivation of Liberty Safeguards, 2021-22, estimated that there were 270,650 DoLS applications received in 2021-22 (April 2021 to March 2022), up 5.5%.

However, the data showed that the average growth rate for application numbers is slowing. Between 2014-15 and 2019-20, the average growth rate was 14% per year, whereas the most recent 5-year average growth rate per year (2016-17 to 2021-22) was 4.5%.

In 2021-22, the number of applications completed was estimated to be 254,215. The reported number of cases that were not completed at year-end was an estimated 124,145, 4% more than the end of the previous year.

The number of completed applications has increased over the last five years by an average of 11% each year.

More than half (56%) of the completed applications in the year were not granted. The main reason was given as change in circumstances, at 65% of all rejected cases.

On average, it took 153 days on average for completed applications, compared to 148 days in the previous year. In addition, the proportion of standard applications completed within the statutory timeframe of 21 days fell to 20% in 2021-22, down from 24% the year prior.

The data also showed that the proportion of DoLS applications which had an urgent authorisation attached increased by 2% (54% in 2020-21 to 56% in 2021-22).

Hartlepool Borough Council received the highest proportion of DoLS applications during the year at a rate of 1,994 per 100,000 adults (age-standardised).

The statistics were estimated as two local authorities were not able to submit data, the NHS said.

Adam Carey