
The much-criticised Deprivation of Liberty Safeguards are helping 
uncover failings in the care of vulnerable people that have been missed 
by other assessments, according to professionals.
A survey of 92 best interests assessors (BIAs),
 the group of mostly social workers qualified to coordinate DoLS 
assessments, revealed the most commonly reported ‘positive outcome’ from
 BIA input was the reversal of incorrect decisions that people lacked 
capacity to make decisions about their care.
BIAs also shared examples where DoLS assessments had led to people 
being supported to return home, sometimes from inappropriate care home 
placements, and instances where the checks had uncovered problems in the
 way the Mental Capacity Act was being used in care homes and hospitals.
The DoLS are used to authorise deprivations of liberty in care homes 
and hospitals, with BIAs playing a pivotal role by coordinating cases 
and carrying out the critical best interests assessment.
The survey was carried out by Steven Richards, Director at Edge 
Training, after a Law Commission consultation found most respondents 
felt the DoLS had “failed to deliver improved outcomes for people”. The 
Law Commission consultation received 43 responses from BIAs.
Richards asked BIAs for up to 10 examples of positive outcomes, and 
received 468 submissions. He said the findings revealed how BIAs had 
managed to identify and address poor care and “overly restrictive” 
practice.
“Where other assessments (care reviews for example) and other health 
or social care staff have failed to identify these very real and 
concrete problems, it is the BIA assessment – a direct independent 
legally based professional assessment – that does,” he said.
“The assessment also provides a means to change the situation and deliver improved outcomes for people. As one respondent noted: ‘I
 feel extremely strongly that this safeguard has and continues to raise 
the standard of care for individuals who lack capacity.’”

The snapshot survey will trigger questions as to how common these 
positive outcomes are in a system that has seen DoLS caseloads rise from
 10,900 in 2013-14 to more than 100,000 a year since the Supreme Court’s
 March 2014 ‘Cheshire West’ ruling effectively lowered the threshold for
 deprivation of liberty.
The pressure the ruling has placed on services, with huge case 
backlogs racked up by local authorities, led ministers to order the Law 
Commission to develop proposals to replace the DoLS.
The commission will present its final proposals by the end of the 
year but an interim statement published in May opened the door for the 
independent scrutiny role currently offered by BIAs to be radically 
pared back. The additional oversight could be restricted to a defined 
group, rather than all people who meet the deprivation of liberty 
threshold.
The government has put pressure on the commission to cut the costs of
 any DoLS replacement, and delivered a highly critical response to an 
initial set of more comprehensive draft proposals.
There are concerns this will lead to any new system being 
increasingly reliant on assessments from care staff, without additional 
scrutiny.
In his report, Richards said: “What appears not to be working 
effectively in many cases are existing care assessments and reviews for 
people in care homes or hospitals.
“The 400+ examples given in the survey appear to be for many for 
people who had had care assessments and reviews of care already but 
these had failed to identify and address concerns that BIAs subsequently
 found during their assessment.
“Why? Because they do not have the legal rigour or focus of a BIA 
assessment, they can be undertaken by unqualified staff and may not even
 involve the person having a face to face assessment as under DoLS for 
the BIA assessment. A serious concern therefore is that one of key 
proposals to replace DoLS is to rely on these assessments instead.”
Richards acknowledged his survey had limitations, most notably that 
it only asked practitioners to submit positive examples of outcomes, and
 said he would welcome further research in this area.
DoLS checks ‘exposing care failings missed by other assessments’ https://t.co/cdBkwPDnJ8— edithellen (@edithellen2013) September 14, 2016
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