The current system of safeguards for people with autism and learning disabilities in care homes and hospitals is “falling over”.
That’s the view of Baroness Ilora Finlay, who chairs the National Mental Capacity Forum.
Baroness Finlay says the DoLS safeguarding system is “falling over”
The Welsh doctor argues that the current system of deprivation of liberty safeguards (DoLS) is failing.
DoLS are an amendment to the Mental Capacity Act 2005 and apply only to England and Wales.
Extra safeguards
They provide extra safeguards against restraint and restrictions that would deprive a person of their liberty in a care home or a hospital.
However, Finlay argues that too many people, especially those with dementia, do not have DoLS assessments. She says the system has left them out of the assessment process because paperwork has bogged it down.
The government is replacing DOLS with liberty protection safeguards through the Mental Capacity (Amendment) Bill.
Less focused on paperwork
The Baroness expects liberty protection safeguards to replace DOLS assessments by around 2020. She hopes these will be less focused on paperwork and more on the individual.
The Baroness said she wants to look at the system “from a different angle”. She would emphasise maximising good care, opportunities and recognising the “intrinsic value of each person”. This would be instead of taking a “risk averse approach”.
‘It’s how people behave to you’
Finlay said: “When you are in receipt of care it isn’t what’s filled in on the paper that matters to you. It’s how people behave to you face-to-face.”
The Baroness said care plans laying out a how a person’s needs are met should be “at the heart” of the new system.
Related:
- Legal boost to protection of liberty
- Parents want rights in over-18s welfare
- Dad campaigns to save Human Rights Act
- Police charge care workers with abuse
Published: 3 September 2018
