The Government are to scrap 'bureaucratic nightmare' of Deprivation of Liberty
Safeguard coroner inquests it has been announced.
Maybe I’m too close to this
topic, and maybe I am wrong in my belief but I find that I am slightly skeptical
of a recent decision to scrap Deprivation
of Liberty Safeguard coroner inquests.
Coroners will no longer be
required to carry out inquests for anyone who dies while under Deprivation of
Liberty Safeguards (DoLS), under an amendment to the Policing and Crime Bill.
The Government has ruled that
a person who dies while subject to a DoLS order will no longer be considered to
have died in ‘state detention’ and, as such, will not be subject to an
automatic coroner inquest if they die of natural causes.
Whilst we understand that
families might not want to suffer all the heartache of a Coroner's Inquest
into a long and extended wait for the cases to be heard and outcomes to be
determined, this decision worries me when families do have concerns about the
level of care prior to their loved one’s death, and whether justice might no
longer to seen to be done.
Crossbench peer Baroness
Finlay of Llandaff, who strongly campaigned for the amendment, said she was
“delighted” and that “it will save a great deal of distress to the bereaved.
When someone subject to DoLS dies of natural causes and the death was expected,
an inquest will no longer be required.”
Professor Martin Green, chief
executive of Care England, added: “Care homes need to be a place of safety, but
our members have reported uniformed police officers attending care homes under
their legal duties to investigate a death of a resident making it a crime scene
even when the death was expected.”
But sometimes, Care Homes are
not a place of safety, and this could open up to the mistreatment of the amendment.
Sometimes closure of death of
a loved one only comes in the knowledge that fears were justified and death was
not inevitable had the right care been given at the right time. Despite the time,
it takes, (and this is the one of the major concerns with the Coroners' Court
and even the Coroner's themselves). It goes a little toward
redressing all the unheard concerns expressed during the last days,
weeks or months of their loved one’s care.
With current
documentation on DNA/CPR forms showing only 33% of people signing,
or their legal Guardians' signing, and agreeing they do not wish to
be resuscitated, 67% of this decision are taken by health professional
without consultation with people that might have MCA or their families, if they
might feel otherwise, and legally able to insist they follow the wishes of
their loved ones.
With so much lack of
understanding to the Mental Capacity Act and DoLS by care staff and Social Care
professionals, it worries me whether this decision opens the flood gates
for a blanket system of writing off the lives of our frail and vulnerable
people, without having to make anyone aware people they have choice.
Consent to treatment is all, and that, regardless of a person’s wish to die,
there remains a duty of care.
If somebody does not consent,
you cannot do things to them. If they withhold consent, and that is informed
consent and they have the capacity to make that decision, it must be respected
but they must still get all other care.
And it is their choices
and their involvement which determine their wishes to live on or not, not
assumptions taken by heath professional, that could well lead to an unnecessary
and untimely death of loved ones, with no way of comfort or redress?
Also, making the point that
many of our older population already fear going into hospital because they feel
they may not come out, and families of people in care homes fear their concerns
about staff care is being suppressed, does it mean if admitted or suffering
from only a chest infection in the care home, there might be an element of
care can ignore treatment?
It would be cruel to simply
write off people's lives if someone perceived them as worthless and
the documentation on the form says reason for DNA/CPR Dementia Frail and
Vulnerable; since now we don't need to justify decisions with a
Coroners' Inquest after their deaths, particularly in care homes?
I believe that further
information is need to make sure that where families are not happy when their
loved ones pass unexpectedly away, there is still a good opportunity to request
a full Coroner's Inquest into their deaths.
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