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Monitoring the Deprivation of Liberty Safeguards: An update from the Care Quality Commission

Farah Islam-Barrett Regulatory Policy Officer – Mental Health Vice-Chair CQC Race Equality Network Strategy and Intelligence directorate – Policy and Strategy and Sue Burn Head of Inspection in Adult Social Care CQC gave an updated on Monitoring the Deprivation of Liberty Safeguards at today"s DoLs conference. In their presentation Farah Islam-Barrett and Sue Burn discussed:

  • strengthening monitoring 
  • findings from inspection and lessons for compliance
  • the role of CQC in ensuring DOLs Compliance

Farah and Sue"s full presentation is available for download at the end of this page. 

In their presentation Farah and Sue stated:

-Providers applying in unprecedented numbers to seek authorisation for deprivation of liberty”

-CQC will assess providers on a case by case basis where their DoLS applications have not been responded to within the statutory time-limits.-

-CQC will expect to see that providers are submitting applications for any individuals being deprived of their liberty without delay, and that they are continuing to seek less restrictive options for those individuals" care or treatment in the meantime. -

-Services should be working with local authorities to ensure that appropriate prioritisation of individuals most likely to benefit from a DoLS assessment is taking place.”

-Action is taken where a breach of the regulations is found.”

-Advise the provider/manager liaises with/seeks advice from the local authority – supervisory body”

-We always consider whether a safeguarding alert is necessary. We may also make contact with the local authority DoLS team”

-We can Serve requirement or Warning Notices requiring action”

-The use of DoLS in hospitals and care homes also continues to vary. For example, we have found variation in staff training and understanding of DoLS and provider"s policies about DoLS.  Overall, while we have found examples of providers meeting requirements, there are also clear examples of poor practice.  In a number of cases, staff did not understand how they should be applying the requirements of the MCA as a whole, or the DoLS in particular, in their roles. In some cases, there was a lack of adequate training for staff in these areas.. In some instances, staff could not describe when a DoLS application may be required.”

Sue Burn"s Biography:

Sue trained as a nurse and has worked in both the NHS and independent sectors. She has worked for CQC and it's predecessor organisations for 13 years in a number of roles and across different areas, with a specific interest in adult social care.

Farah Islam-Barrett Biography:

Farah has led on the Duty of Candour, Fundamental Standards and is currently working on the Annual Deprivation of Liberty Safeguards Report 2014/15.

Also of interest:

Masterclass: Deprivation of Liberty Safeguards
Wednesday 4 May 2016
Hallam Conference Centre, London

Download: Farah and Sue"s full presentation

17 November 2015


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