Section one Context
year and of 25.9% over 10 years. The
number of short-term detention certificates
completed rose by 5% from the previous
year to 4,371, and has increased by 34.1%
over a 10-year period. Over the 10-year
period in Scotland there has also been a 23%
increase in the prevalence of longer-term
compulsory treatment orders.43
In Northern Ireland, the number of
compulsory admissions under the Mental
Health (NI) Order 1986 decreased by 3.6%
between 2015–16 and 2016–17, to 1,031
admissions in 2016–17.44
The use of deprivation of liberty safeguards
(DoLS), which are used in England and Wales
pursuant to the Mental Capacity Act 2005,
continued to increase. In 2015–16, 195,840
DoLS applications were reported as having
been made in England, the highest figure
since their use was introduced in 2009.
Over 40% of these applications had not
been signed off by the end of 2015–16.45
The CQC reported that the backlog of
DoLS applications in England continued
into 2016–17.46 In Wales, the number of
applications in 2015–16 rose to 12,298,
an increase of over 15% on the previous
year. Councils and health boards failed to
process 74% of urgent applications within
the seven-day timeframe, with two councils
failing to meet the timescale for any urgent
application.47
Political context, legislative and
policy developments
A UK-wide referendum on membership of
the European Union was held on 23 June
2016, resulting in a majority vote in favour
of leaving the EU. Soon after the referendum
the Prime Minister, David Cameron, resigned
and was replaced by Theresa May on 13 July
2016. This led to the formation of a largely
new government, with Secretary of State for
Justice Michael Gove replaced by Liz Truss on
14 July 2016.
Elections to devolved parliaments were held
in Scotland, Wales and Northern Ireland on
5 May 2016. The Northern Ireland Executive
has been unable to form a government since
the resignation of the deputy First Minister
on 9 January 2017, and political parties did
not meet the 27 March 2017 deadline to
form a coalition.
Secretary of State Liz Truss initially
announced her intention to deliver the
Conservative party manifesto pledge
to replace the Human Rights Act with a
‘British Bill of Rights’, but in February 2017
announced that the government would delay
any such Bill until after Brexit. The intention
to introduce a presumption to derogate from
the European Convention on Human Rights
(ECHR) in future overseas military operations
43. Mental Welfare Commission Scotland, 2017, Statistical Monitoring: Mental Health Act monitoring report 2016–17,
http://www.mwcscot.org.uk/media/387603/mental_health_act_monitoring_report_2016-17.pdf [accessed 11/10/17].
44. Department of Health, 2017, Mental health and learning disability inpatients 2016/17, https://www.health-ni.gov.uk/
publications/mental-health-and-learning-disability-inpatients-201617 [accessed 10/09/2017].
45. NHS Digital, 2016, Mental Capacity Act (2005) Deprivation of Liberty Safeguards (England), http://content.digital.nhs.uk/
catalogue/PUB21814/dols-eng-1516-rep.pdf [accessed 23/08/17].
46. Care Quality Commission, 2017, The state of health care and adult social care in England 2016/17, https://www.cqc.org.
uk/sites/default/files/20171010_stateofcare1617_report.pdf [accessed 10/10/2017].
47. Health Inspectorate Wales, 2017, Deprivation of Liberty Safeguards: Annual Monitoring Report for Health and Social Care
2015–16, http://cssiw.org.uk/docs/cssiw/report/170504dols1516en.pdf [accessed 23/08/17].
21
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