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).
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