Solutions Needed for Growing Backlog

DoLS Caseload at Record High

English councils processed a record 289,150 Deprivation of Liberty Safeguards (DoLS) applications in 2022-23, but the backlog still grew to 126,000 cases, with completion times rising to an average of 156 days. The introduction of Liberty Protection Safeguards (LPS), which could streamline the process, has been delayed indefinitely.

To address this challenge, West Midlands ADASS developed a prioritisation tool, which ADASS has adopted to help councils better manage DoLS cases. The updated tool addresses vital areas that previously led to high-priority status, ensuring better alignment with the Mental Capacity Act (MCA) and reducing unnecessary escalations.

Critical Changes in Prioritisation:

• Excessive Restraint: The new tool distinguishes between physical restraint allowed under the MCA and restraint that exceeds these limits, focusing on excessive restraint situations.
• Leaving Attempts: Rather than classifying all attempts to go as high priority, the tool now emphasises "meaningful, successive attempts" as a critical factor in prioritisation.
• Hospital Cases: The automatic high-priority status for all hospital settings has been removed. They are now considering only acute cases where immediate action is needed.

Renewal Cases and Proportionality

The tool removes renewals from automatic high-priority status, urging councils to risk-assess renewals individually. Additionally, the new framework promotes proportionate assessments that ensure efficient resource allocation without compromising the legal protections of those subject to DoLS.

Efficiency Measures for Councils

The tool is part of a broader effort to streamline the DoLS process across councils. It focuses on improving administrative systems, identifying renewals early, and effectively utilising skilled professionals. By making these changes, councils aim to reduce the growing backlog of cases while maintaining quality and compliance with legal standards.