Dear Sheila
Does every care home resident with dementia have to have a DOLs in place because of the necessity to have a secure environment?
Dear Frank,
As I am sure you know issues relating to people with dementia and DoLS changed last year with the “West Cheshire Judgement” handed down by the Supreme Court.
Please find some guidance notes made available by the Care Provider Alliance which spell out exactly what it is understood the position is now:
- WHAT DO CONTINUOUS SUPERVISION AND CONTROL AND NOT FREE TO LEAVE MEAN?
- DEPRIVATION OF LIBERTY – WHAT NOW ?
I suggest that you read both papers carefully and I am sure you will find them very helpful.
The West Cheshire Judgement has of course led to a huge increase in the number of DoLS authorisations being applied for and the Law Commission is currently reviewing the DoLS legislation. Last week they issued a consultation document about changes they are proposing to the current arrangements.
You can find more information about this here.
Best wishes,
Sheila
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