People with dementia and learning difficulties detained in care without checks due to “failing” law

People with dementia and learning difficulties detained in care without checks due to “failing” law Thousands of vulnerable people with dementia and learning disabilities are being detained in hospitals and care homes without the appropriate checks, due to a law unfit for purpose according to a report from the Law Commission.

Often those who lack the mental capacity to consent – like certain people with dementia or learning disabilities – need to be detained in a place like a hospital or care home when it is in their best interests. For example, a dementia patient may be kept in their care home to prevent them from wandering off, which could put them in danger. This is known as a deprivation of liberty and a proper authorisation process should be in place to ensure that this is done lawfully.

But since a landmark legal case in 2014, which widened the definition of who was subject to the “Deprivation of Liberty Safeguards”, local authorities have been under increased administrative pressures. As a result last year 100,000 people who required the authorisation did not receive it.

See also:

• Mental Capacity and Deprivation of Liberty Law Commission
• People with dementia 'failed' by deprivation of liberty law BBC News
• Thousands of dementia patients wrongly locked up in homes The Daily Mail
• 50,000 families caring for relatives at home risk breaking the law by locking them in The Daily Telegraph