Section one Context
other legislation during the year 2017–18
increased to 1,891, of whom 843 were
female.139 CIW reports the total volume
of DoLS applications received by local
authorities in Wales increased by 6% in
2018–2019. The majority of DoLS applications
were for individuals aged 65 or older. The
vast majority of applications that were
refused were on the grounds of mental
incapacity: the authoriser required further
evidence that the person lacked the mental
capacity to make the decision in question
before the DoLS was accepted. Most
standard applications were not completed
in 28 days. Very few people were referred
to Independent Mental Capacity Advocates
(IMCAs) or to the Court of Protection. As
such, supervisory bodies were unable to
assure themselves that people’s human
rights are not being breached by being
deprived of their liberty unlawfully.
During the reporting period, HIW undertook
13 inspections to NHS hospitals including
a Children and Adolescent Mental Health
Services (CAMHS) unit, a medium secure
unit, a learning disability service, a psychiatric
intensive care unit and elderly care services
across Wales. Generally, HIW reported positive
findings. It also undertook 15 independent
health care inspections, including to one
learning disability hospital, medium secure
units and CAMHS units. HIW identified positive
findings including respectful staff interactions
and engagement with patients from
dedicated and motivated staff. It also found
that patients were provided with a good
range of therapies and activities, and it saw
some good examples of care and treatment
planning. In some instances, there was
good progress on recommendations since
previous inspections, less restrictive models
of care and effective governance which had a
positive impact.
However, HIW also identified issues within
these settings relating to failings in the
maintenance and refurbishment of oftenoutdated wards, in some cases impacting on
patient safety and dignity, some inappropriate
interactions with patients and issues with
physical health and inadequate personal
alarm systems. Quality of care planning
across Wales varied considerably, with some
very concerning examples. Staff training in a
range of vital areas was also lacking, as was
the effective management of medication.
HIW identified many good practices in its
monitoring of the Mental Health Act, including
in implementation and documentation, and a
good level of governance and audit. However,
there were some recurring issues with
unclear or out-of-date records, and significant
improvements were required around the
admissions processes to ensure detention
was appropriate.
In Scotland, MWCS reported that over
the past 10 years the total number of
compulsory treatment orders (CTOs) in
existence in Scotland has risen steadily: by
22 percentage points from 54% to 66% per
100,000 population. In 2018–19, Scotland
saw the highest number of episodes of
compulsory treatment since new mental
health legislation came into effect in 2005,
with a 41% increase in longer-term orders
over the past 10 years. The rise in rates in
community-based detention orders also
reached new levels in the last reporting year:
nearly half of all CTO detentions are now in
the community.140
139 Stats Wales, Admissions to mental health facilities by local health board, https://statswales.gov.wales/Catalogue/
Health-and-Social-Care/Mental-Health/Admissions-to-Mental-Health-Facilities/admissionstomentalhealthfacilitiesbylhb
[accessed 24/08/2020]
140 MWCS, October 2019, Mental Health Act Monitoring Report 2018-19, https://www.mwcscot.org.uk/
publications?type=44&leg=54 [accessed 24/08/2020]
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