Deprivation of liberty in housing
I wrote the Viewpoint on this topic in order to generate discussion and debate both within the housing sector and with colleagues in other sectors. With the Supreme Court judgement broadening the definition of deprivation of liberty, it is likely to apply to more people living in housing settings. I'm interested to hear how this is being addressed by providers and their local authority colleagues. I'm also keen to hear people's views on the House of Lords recommendations that the Deprivation of Liberty safeguards which currently apply only in care homes and hospitals should be extended to include supported living settings. Please do read the Viewpoint and leave your comments on this discussion forum.
http://www.housinglin.org.uk/Topics/browse/HousingOlderPeople/Safeguarding/?&msg=0&parent=9016&child=9290
Associated files and links:
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HLIN_Viewpoint65_Liberty.pdf
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I have had an interesting exchange of e-mails on this issue with Roger Hargreaves of the mental Health Alliance. He makes the following four key points:
1. The Managing Authority in DoLS is a discrete registered legal entity, but there’s no clear equivalent in supported living
2. The local authority, as care commissioner, usually has a major role in determining the care arrangements and so there would be major problems of conflict of interest if it were the Supervisory Body
3. Supported living settings can’t be inspected by CQC, so from the human rights point of view are effectively unregulated and outside the OPCAT framework, as inspectors have no sight of actual living or care arrangements or face-to-face contact with tenants and care staff and are unable to monitor for possible infringements of ECHR rights.
4. The distinction between supported living and residential care is in practice very unclear, as is the legal basis on which someone can be deprived of liberty in a place where they have tenancy rights, and adding a further power without rationalising the whole structure would be likely to increase the confusion.
Is anyone else out there thinking about the issues? Please share your thoughts.
I personally can see the need for some regulation of supported living settings including housing with care, but it needs to be appropriate regulation and not regulation that undermines the benefits of a housing model for those to whom it is an advantage, by making it residential care by another name. And the devil will be in the detail. Further thoughts on this wider issue at some other point. Sue G
Sue