The Care Quality Commission (CQC)’s second annual report on deprivation of liberty safeguards has identified that some care homes and hospitals are failing to meet their obligations on liberty safeguards. The safeguards regarding the deprivation of liberty are intended to protect people’s human rights in those circumstances where patients are unable to consent to their care or treatment. The use of these safeguards in hospitals and care homes has been monitored by the CQC since 2009.
During 2010/11 there were 8,982 applications to deprive a person of their liberty. Half of these were authorised. Good practice (involving people and their families in decision-making) on the use of the safeguards is upheld generally, but there remained some confusion about use of restraints or restrictions. Between a third and a quarter of care homes had not given staff training on the safeguards; in some cases only the manager had received this training. Most hospital staff had received training, but the proportion of trained staff varied between 20% and 100%.
Care Quality Commission (2012). The operation of the Deprivation of Liberty Safeguards in England, 2010/11. London: Care Quality Commission (CQC), March 2012. 34p. Executive Summary.
Why are dementia patients being ‘locked up’? NHS Choices, March 27th 2012.