Agenda item

To update the Board regarding the current impact of Deprivation of Liberty Safeguards on Surrey County Council’s Adult Social Care and Coroner Services.

Declarations of interest:

None

Witnesses:

Giles Adey, Coroner Service Manager

Yvonne Rees, Strategic Director for Customer and Communities

Jim Poyser, Senior Manager, Mental Capacity Act and Deprivation of Liberty Safeguards

Andy Butler, Principal Social Worker

Andy Tink, Senior Principal Accountant

Key points raised during discussion:

1. The Chairman briefed the Board that it was essential to understand the Deprivation of Liberty Safeguards (DoLS) before understanding the impact and the purpose of the report.

2. Officers introduced the report by informing the Board that a dedicated team within Adult Social Care was in place which gave advice to the applicant families and carers, ensuring that procedures were followed. Training involved a full five day programme to cover the complexities surrounding the area and level of detail.

3. Officers explained that in essence DoLS are there to ensure the protection of individuals that are dependent on third party treatment because they are vulnerable. The legislation in place aimed to ensure the prevention of harm to vulnerable people through requiring carers and medical professionals to and act in the best interest of those in their care.

4. The Board were informed that under the Mental Capacity Act 2009 (MCA), an application to restrict and restrain a person was made through the Court of Protection. Although a system was in place, central Government was still seeking to install a more efficient system for managing DoLS applications. Due to changes in legislation, statistics had shown a sharp increase in applications being submitted, which in turn created other issues and concerns around demand on the Coroner’s Service.

5. The Chairman of the Board sought clarification on the average time a DoLS application was completed and authorised. Officers indicated two types of authorisations, standard and urgent. Due to financial pressures, applications were prioritised, Officers explained that there was over 5000 outstanding applications awaiting approval.
   
   
6. Surrey County Council supports the Coroner Service financially, with some additional funding from Surrey Police. Surrey has a busy coronial district including 5 prisons, a significant highways network, and these factors bring considerable work for the County Coroner, alongside DoLS.

7. Members expressed concern over the backlog of 5037 DoLS applications and queried whether plans were in place to reduce this. Officers explained that they didn’t anticipate a reduction because a number of points in the process cause delays. Officers also outlined that if Adult Social Care Officers were able to process the outstanding applications, this could cause a significant increase in demand for DoLS inquiries for the Coroner Service.

8. The Board indicated whether any funding could be sought to help ease the pressures on the Service. Officers informed Members that the Council had been actively lobbying for additional funding and that the Department of Health gave initial funding to councils as the additional burden came through the Courts and not through the legislation change. 

9. The Cabinet Member for Localities and Community Wellbeing acknowledged that significant additional funding would be required to deal with the potential pressure on the Coroner’s Service.,

10. Members expressed concern around the amount of time that was required to complete the assessment process for a DoLS application and requested more information on this. In response to that Officers informed Members that due to legislation there was little room for flexibility as the service had to comply with set rules and regulations within the six separate assessments.

11. There was a discussion around where the help and responsibility lied with regards to supporting the families involved, in particular for when there were delays in releasing the body. Officers explained there were bereavement services available for affected families, and that the service always aimed to reduce the time before bodies can be released. Where a DoLS inquiry is required, Officers indicated that families were assigned a dedicated liaison Officer to help support that family through the process.

Recommendations:

The Board recommends:

• That the Coroner Service and Adult Social Care continue to work together to discuss the ongoing implications of DoLs.

• That the Chairman writes to the Chief Coroner, the DoH and the Law Commission to lobby for a timetable in terms of the publication of the Law Commissions proposed changes, and when they are likely to be implemented.