Vulnerable people in Bucks waiting 264 days for deprivation of liberty outcomes

The mental health charity 'Mind' is calling the waiting time 'disgraceful'

Author: Beth GavaghanPublished 1st Sep 2021

The mental health charity Mind is worried about the impact that the waiting time will have on vulnerable people in Buckinghamshire waiting for Deprivation of Liberty outcomes.

Otherwise known as the 'Mental Health Capacity Act 2005', the process is designed to provide safeguards for patients who suffer from conditions like dementia or mental illness. This means that when it is deemed they are no longer have the capacity to make decisions for themselves.

According to the law, the maximum amount of time someone in this position should have to wait is 21 days, yet in the 2,064 applications the council received last year- the average waiting time for each one to be processed was around 264 days.

One person was even waiting for 3 years for their carer to be able to make their decisions when the individual did not have the mental capacity to do so.

What will the effects be?

People are worried about the effects of the waiting, period. One of the main concerns is that it will prevent vulnerable people from getting into the right care setting, which would ultimately help to prevent them from harm.

Mind said DoLS were intended to protect some of the most at risk members of society, but they have been "riddled with problems" and left thousands of people without vital legal protection.

Alison Cobb, specialist policy advisor at the charity, said: "These delays mean that people are being deprived of liberty without the right safeguards, as providers cannot use all the protective legislation."

“It is a disgraceful breach of human rights that people are waiting a year or longer for their DoLS application to be processed."

The Government has committed to replacing the safeguards with Liberty Protection Safeguards in April 2022, but the charity has noted that this may fail to put individual needs at the heart of the process.

Buckinghamshire council have been asked for a statement on the matter.

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