Issue - meetings

To discuss the Council’s ability to implement the Deprivation of Liberty Safeguards.

To accept the report and note the following observations:

a)    To declare genuine concern about the situation and the Care Scrutiny Committee's unwillingness to accept the risk highlighted in the report.

b)    To request that the Cabinet Member for Adults discusses further with the Adults, Health and Well-being Department and create an action plan.

c)    To request that the Department provides a Progress report within six months.

d)    To note a wish to receive further information from an expert.

The report was submitted by the Cabinet Member for Adults, Health and Well-being as well as the Assistant Manager for Safeguarding, Quality Assurance, Mental Health and Community Safety.

It was explained that Deprivation of Liberty Safeguards (DoLS) arrangements was the procedure prescribed in the law when a resident or patient must be deprived of their freedom when they did not have the capacity to agree on their care or their treatment, in order to keep them safe from harm. It was explained that conditions such as dementia or brain injury could lead to this lack of capacity. Emphasis was placed on the fact that each case was considered on its merits.

Members of the Committee were guided through the report, noting that DoLS was a statutory duty and that it was a requirement for Local Authorities to lead on DoLS matters within their communities and care homes, with the Health Board leading the field within hospitals. It was reiterated that every application for DoLS Standard Authorisation was expected to be completed within 21 days, with emergency applications being completed within 7 days. It was acknowledged that there was currently a waiting list of 340 in Gwynedd. It was emphasised that this meant that 340 individuals were being deprived of their liberty without authorisation. It was reiterated that 20 of those individuals had been waiting for Standard Authorisation for over three years because of changes to the waiting list as a result of priority.

The fact that the Council did not comply with the relevant legislations and that there were clear corporate risks here was highlighted. Reassurance was given that this matter had been escalated within the Adults, Health and Well-being Department's performance challenging meetings. It was explained that the report was a way to share information with the members regarding the situation, whilst trying to obtain the Committee's feedback and support. It was emphasised that this situation was not unique to Gwynedd, confirming that Local Authorities across North Wales and nationally had a waiting list for DoLS provision.

It was stated that the Council received 67 applications, on average, for Standard Authorisation Assessments every month. It was noted that 16 of those applications could be authorised in a timely manner. It was reiterated that a Standard Assessment was valid for a year, explaining that the individuals who had received a DoLS assessment must receive an additional assessment at the end of that period. It was ensured that the Department had a process to prioritise the individuals who were on the waiting list in accordance with urgent needs and the need to renew the Standard Authorisation.

It was reported that 18 employees within the Adults, Health and Well-being Department had qualified as Best Interests Assessors. It was noted that the Department had attempted to encourage these individuals in the past to conduct assessments for DoLS, but this was not sustainable because each assessment took a minimum of 10 hours to complete.

Reference was made to the resources available to get to  ...  view the full minutes text for item 7