Advocates express concern that vulnerable individuals receiving care are increasingly being deprived of their liberty as a cost-saving measure.
There has been a significant rise in the number of vulnerable people challenging deprivation of liberty (Dol) orders, which can result in individuals being confined or placed under strict supervision. These orders, intended as a last resort, are increasingly being used, raising concerns among campaigners that such restrictions on freedom are being implemented more frequently as a more economical option.
Recent figures from the Ministry of Justice reveal that challenges to Dol orders brought before the Court of Protection in England surged to 653 in the first quarter of 2024, marking a 31% increase from the previous year.
Dol orders often affect older individuals with dementia, younger adults with severe learning disabilities, brain injuries, or those struggling with severe drug or alcohol dependencies. These individuals frequently have complex care needs, and in some cases, care homes or hospitals propose measures involving deprivation of liberty, such as constant supervision, being confined to rooms, or even physical restraints.
Social workers suggest that the increase in challenges may be related to hospital discharges, with some elderly patients being moved into nursing homes before they have fully recovered, rather than being allowed to return to their own homes. When a hospital or care home intends to implement care involving deprivation of liberty, this must be authorized by the local authority through a process known as deprivation of liberty safeguards (Dols). Vulnerable individuals or their families who wish to challenge these care plans must seek recourse through the Court of Protection.
Professionals in social care have noted that the rise in challenges indicates that vulnerable individuals and their families are receiving more support from local authorities to contest Dol orders. However, the 31% increase may still significantly underestimate the number of people dissatisfied with their care.
Age UK reported in March that some individuals were being unlawfully deprived of their liberty because local authorities lacked the resources to process Dol applications promptly. The backlog of cases exceeded 100,000, with an estimated 50,000 people passing away while awaiting their application to be processed in 2022-23.
David Broome of Age UK expressed concern that the system was failing, leading to situations where individuals might be subjected to overly restrictive care practices due to the severe strain on care homes.