Winchester Vacancies

SPOTLIGHT
Shelved 400px

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.

Deprivation of Liberty Safeguards applications up by 11% since last year

New data published by the NHS has revealed there were an estimated 300,765 applications for Deprivation of Liberty Safeguards (DoLS) received between 1 April 2022 to 31 March 2023.

The DoLS statistics for England, published yesterday (24 August), showed an 11% increase in applications compared to the previous year, which is “closer to the rate of growth seen before COVID-19”.

The number of applications completed in 2022-23 was estimated to be 289,150. The number of completed applications has increased over the last five years by an average of 10% each year, the data revealed.

However, the reported number of cases that were not completed as at year end was an estimated 126,100, 2% more than the end of the previous year, and the proportion of standard applications completed within the statutory timeframe of 21 days was 19% in 2022-23; which has fallen from 20% in the previous year.

The average length of time for all completed applications was 156 days, compared to 153 days in the previous year.

The NHS noted that although the majority of applications are not granted (56%), “most of these are due to a change in the person’s circumstances, for example being discharged from a short term stay in hospital following an urgent authorisation, and are therefore unlikely to be processed”.

Only 3% of all applications not granted were due to not meeting the assessment criteria, the data showed.

On 5 April 2023, the Government announced its decision to delay the implementation of the Liberty Protection Safeguards (LPS), which were due to replace the current DoLS system.

The decision was met with fierce criticism from the British Association for Social Workers (BASW) and the Welsh Government.

Lottie Winson