New Supreme Court ruling for deprivation of liberty

Changes will be coming to the current Deprivation of Liberty Safeguards (DoLS) policies and procedures, which has led to fear that this may equate to less rights for the most vulnerable in our society. 

In practise, this may mean that the majority of severely disabled people who have been assessed to not have capacity around their care and support needs, and require 24/7 care to keep them safe, will no longer be protected under the DoLS.

This sounds frightening, but the truth for many severely disabled people is that they are very content and happy in their care and support environment, and do not actively object to their placements. A yearly review from a social worker, and regular contact with friends and family can help to keep this category of vulnerable people safe and thriving. Although they may be unable to communicate informed consent, this does not necessarily mean they cannot communicate through body language or behaviour. The Care Quality Commission (CQC) will regularly review care settings, and whistle-blowing continues to be a vital source of information and change within safeguarding.

For many DoLS assessors most visits are routine, and sometimes this can lose its meaning along the way and simply become a tick-box exercise. The demand on local authority DoLs teams is high, with the pressure of urgent DoLS often taking priority. It is therefore important that a multi-agency approach is used for any vulnerable person who requires substantial care and supervision to keep them safe. If that person does not have family or friends to visit them, then also having an independent visitor is vital.

DoLs assessors are fully qualified social workers who have completed additional training and qualifications in Deprivation Of Liberty Safeguards. They are highly skilled professionals who should be working on the cases where there are objections or complications. So, although the headlines for this new ruling may seem alarming, DoLS will continue to be in place for the individuals that need it the most.