Decision details

Deprivation of Liberty Safeguards - Amendments to the Mental Capacity Act 2005

Decision Maker: Cabinet

Decision status: Recommendations Approved

Is Key decision?: Yes

Is subject to call in?: Yes


Consideration of recommendations made by the LGSCO.


Alan White Image

“Following changes brought about by a legal test case Staffordshire County Council has experienced a rise of more than 1,000 per cent in DoLS applications.


Nationally the system has been identified as not fit for purpose, but while it is being revised Staffordshire has introduced a prioritisation system to ensure each case is assessed by a specialist and that those most at risk are properly assisted. 


Looking after those who need our help most is a key concern for this authority and we will continue to focus upon it, including investing additional one-off funding, while implementing new legislation once it has passed through the Houses of Parliament.”


Alan White, Deputy Leader and Cabinet Member for Health, Care and Wellbeing


Reasons for the Decision – In May 2019 the Local Government and Social Care Ombudsman (LGSCO) found fault in relation to the Council’s approach to triage DoLS applications in order to ensure that the highest priority people could be given a full assessment. In view of the LGSCO’s findings, the Council has reviewed its approach to DoLS applications.


Decision – (a) That, when finalised, the Cabinet reviews the legislation amending the Mental Capacity Act 2005 and the associated codes of practice in relation to Deprivation of Liberty Safeguards.


(b) That an action plan to implement this legislation be produced in compliance with the recommendations of the Local Government and Social Care Ombudsman (as set out in paragraph 18 and on page 3 of their final report dated 8 March 2019).


(c) That, in the interim, the approach to Deprivation of Liberty Safeguards be amended to complete full assessments on medium and low priority cases if resources allow, and to use additional one-off funding to support new full assessments and reduce the back-log of full assessments.


(d) That the Deprivation of Liberty Safeguards triaging process be extended to community deprivation of liberty and that priority be given to assessments that are high priority individuals.

Report author: Peter Hampton

Publication date: 16/05/2019

Date of decision: 15/05/2019

Decided at meeting: 15/05/2019 - Cabinet

Effective from: 22/05/2019

Accompanying Documents: