Deprivation of Liberty Safeguards: How Prepared Are We?
Sambhi, Rajvinder Singh
Journal of medical ethics 2010 Mar ; 36(3): 170-3
The Mental Health Act 2007 introduced Deprivation of Liberty safeguards into the Mental Capacity Act 2005 with potentially far reaching resource implications. There appears to be no scientific data regarding the prevalence of deprivation of liberty in clinical settings such as hospitals and nursing homes. We examined how many patients across a whole Trust area in Wales were subject to some lack of capacity, how well documented this was and how many were potentially deprived of their liberty. We found that no patient was deprived of their liberty, but 8% lacked capacity to make either basic or complex decisions; another 5% lacked capacity to make complex decisions. Documentation was good in mental health and community directorates, but there were gaps in documentation (not practice) in the medical and surgical directorates. Routine collection of data improved documentation regarding deprivation of liberty criteria. There is a high likelihood that senior nursing staff underestimate the number of patients who lack capacity.
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Shah, Ajit; Pennington, Mark; Heginbotham, Chris; Donaldson, Cam (2011-09)The Deprivation of Liberty Safeguards (DoLS), introduced into the Mental Capacity Act 2005, were fully implemented on 1 April 2009 in England and Wales. The government estimated 20,000 assessments for DoLS at a cost of ...
Shah, Ajit (2010-10)The Deprivation of Liberty Safeguards (DOLS), introduced into the Mental Capacity Act 2005 (MCA), were implemented in April 2009. Recent case law established several principles: the Mental Health Act (MHA) has primacy over ...