Annual Report: Deprivation of Liberty Safeguards (DoLS) in Wales 2023-24
Healthcare Inspectorate Wales (HIW) and Care Inspectorate Wales (CIW) have published their annual monitoring report on how the Deprivation of Liberty Safeguards are being used in Wales.
The Deprivation of Liberty Safeguards serve as crucial legal protections for some of our most vulnerable citizens. These safeguards exist to protect and maintain the human rights of people who lack mental capacity to make certain decisions about their care and treatment. They ensure all decisions are made in the person's best interests, whilst guaranteeing that any restrictions on their freedom are both appropriate and proportionate.
The safeguards provide a clear legal framework for care homes and hospitals to follow when caring for adults aged 18 and over who cannot consent to their treatment or care arrangements. This framework helps prevent potential breaches of the European Convention on Human Rights.
Key findings
Health boards have seen a notable increase in applications, receiving 494 more than the previous year – a 7% rise. In contrast, local authorities experienced a slight decrease, with 258 fewer applications, representing a 2% reduction.
The system continues to face significant challenges. Many vulnerable people are experiencing lengthy delays in receiving their DoLS assessments, with statutory timeframes regularly being exceeded. Of particular concern is the frequent expiration of authorisations before the required assessments can be completed, leaving individuals in legally uncertain situations.
These delays have serious implications. Many people across Wales are currently being deprived of their liberty without proper legal safeguards, and those waiting for assessments have limited opportunities to challenge their situation. Without fundamental reform of the system, these vulnerable individuals will continue to lack their entitled legal protections.
Looking forward
This report highlights both progress and persistent challenges in protecting vulnerable people's rights. CIW and HIW remain committed to monitoring and reporting on these safeguards, ensuring they effectively protect those who need them most. Without significant system reform, however, these challenges are likely to persist, continuing to effect those who rely on these crucial legal protections.
Deprivation of Liberty Safeguards Annual Monitoring Report for Health and Social Care 2023 - 2024