National Preventive Mechanism Second Annual Report 2010–11 Wales HIW and CSSIW monitor the use of the deprivation of liberty safeguards in Wales in the course of their regular visits to health and social care settings, respectively. Similarly to CQC, HIW and CSSIW publish an annual report of their deprivation of liberty safeguards monitoring activities. Their inspection reports of individual services may also include findings regarding the use of the safeguards. The first annual reports from both HIW and CSSIW on the use of the safeguards were published in March 2011.36 They found that this was much lower than expected and varied widely between regions. Their use in urgent circumstances was much higher than expected, suggesting that the rights of patients and service users were not being considered as part of forward care planning. HIW and CSSIW expressed concern that a continued low-level use of the safeguards will mean that those involved in managing the process will do so infrequently and that this may compromise the development of expertise. They note that if people’s rights are to be protected adequately, the safeguards must be well known, understood and embedded into practice in both health and social care settings. 36 HIW, Mental Capacity Act 2005, Deprivation of liberty safeguards annual monitoring report for health,1 April 2009 to 31 March 2010 (March 2011); CSSIW, Mental Capacity Act 2005, Deprivation of liberty safeguards monitoring report on the first year of operation, 1 April 2009 to 31 March 2010 (March 2011). 42

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