Archived decisions

REPORT OF THE

EXECUTIVE MEMBER

ADULT SOCIAL CARE

PART II

DEPRIVATION OF LIBERTY SAFEGUARDS WORKING AGREEMENT

At her meeting held on 27 March 2009 the Executive Member gave authority to the Director of Adult Services to enter into an agreement between Hampshire County Council and Hampshire Primary Care Trust (PCT) for the operation of a joint system for the Deprivation of Liberty Safeguards (DOLS).

Deprivation of Liberty Safeguards (DOLS) have been introduced to protect the human rights of people who lack capacity and are deprived of liberty in registered care homes or hospitals, but are not detained under the Mental Health Act 1983. This amendment to the Mental Capacity Act 2005 (MCA) results from the European Court of Human Rights judgement in the `Bournewood' case in October 2004 and is a substantial legislative change, conferring local authorities with the power to deprive people of their liberty for the first time ever. In common with most local authorities and PCTs in the country it has been decided to operate a joint administrative system for DOLS in Hampshire, since there are many duties common to both organisations. Since it is estimated by the Department of Health that 80% of referrals under DOLS will come to local authorities, Hampshire County Council is hosting the administrative function.

The agreement entered into with the PCT includes a joint administrative system; a joint Paid Representative service to provide advocates for people deprived of their liberty but with no one to represent them; Payments from Hampshire County Council to Hampshire PCT for doctors' assessments carried out in registered care homes; Payments from Hampshire PCT to Hampshire County Council for best interests assessments carried out in hospitals and employee insurance liability provisions. The financial contribution from the PCT towards the costs of the agreement will be 20 % of the cost of shared functions of the joint system.

The report considered by the Executive Member may be accessed at /decisions/decisions-docs/090327-ascexc-R0320082119

FELICITY HINDSON, MBE

Executive Member for Adult Social Care