Agenda item

[NOTE:  Councillors K. Madge had earlier declared interests in this item.]

The Committee received an update on the implementation of the Deprivation of Liberty Safeguards (DoLS) legislation, the effect of developing case law and the action being taken to mitigate the associated risks. The Senior Safeguarding Manager outlined to the Committee the background to DoLS and that the safeguards existed to provide a proper legal process and suitable protection in those circumstances where deprivation of liberty appeared to be unavoidable, in a person’s own best interests. It was highlighted that in 2014, a Supreme Court judgement effectively lowered the threshold for DoLS referrals, which had an immediate impact on the referral rate. The sudden increase had resulted in most local authorities accruing a significant backlog of applications. It was noted that the Law Commission had recognised that the current system was unsustainable and not fit for purpose. The Commission intended on making representations to the UK Government, however, the current legislation was likely to be in place until at least 2018. 

It was noted that Carmarthenshire Council continued to receive between 30 and 40 referrals a month and the current number of applications waiting to be assessed was 630. Officers pointed out that the Council had one of the highest referral rates due to the high number of residential/nursing establishments in the area. It was confirmed that there were 88 residential and nursing homes in Carmarthenshire. The Service had developed a plan to manage the backlog and ongoing flow of referrals and the Committee was provided with a summary of the work undertaken. This included two full time temporary Best Interest Assessors being seconded to work solely on the DoLS assessments and to prioritise and manage the backlog. The plan recommended that all social workers in Adults Services be trained as Best Interest Assessors and realistic targets to be set for the number of assessments completed by each team. A robust quality monitoring systems to ensure consistent and lawful practice would also be introduced.

Concern was raised regarding all social workers being trained in assessments and their capacity to fulfil this role. The Senior Safeguarding Manager highlighted that undertaking assessments and making judgements was part of the core skills of social workers and the aim was to make the management of referrals easier. Members further queried if it would be beneficial to have more dedicated officers to undertake the role full time. Officers explained that the aim was to develop a sustainable approach to managing the demand and a similar approach was being taken by local authorities across Wales. It was noted that the backlog of cases would be cleared by the dedicated Best Interest Assessors and social workers would manage the flow of current and new requests.

Members queried how the advocate for the person who was subject to deprivation was appointed. It was clarified that if a person was in hospital then the Health Board was responsible for the process and if a person was in a care home then the Council was the responsible body. The Senior Safeguarding Manager explained that it would usually be a family member unless there was not one available.

The Committee raised concerns about the number of referrals being received and people falling through the net due to the increased demand. It was felt that more funding should be allocated to address the lack of resources. It was agreed that the Committee would write to the Welsh Local Government Association (WLGA) to encourage them to make representations to the Welsh Government regarding this issue.

Members asked what happened to people once they have been assessed and whether there were appropriate systems in place to provide services following the assessment. The Senior Safeguarding Manager noted that the process was very bureaucratic and once someone had been assessed they would be reassessed at least once a year. The assessor would judge the time period required between assessments. The Head of Mental Health and Learning Disability explained that in the majority of cases the person was known to Social Services and a care plan would be in place to address their needs.

UNANIMOUSLY RESOLVED that

6.1       the report be received;

6.2       the Committee writes to the Welsh Local Government Association (WLGA) to encourage them to make representations to the Welsh Government regarding additional resources being allocated to address the increase of referrals for DoLS.