Issue - meetings

To receive a report which informs Members of the Committee of the new arrangements for commissioning new services for Deprivation of Liberty Safeguards assessments, to reduce the size of the backlog of non-priority assessments.

(Michael Thomas-Sam (Head of Strategy and Business Support) and Clare Maynard (Head of Commissioning Portfolio – Outcome 2 and 3) were in attendance for this item)

1.    Michael Thomas-Sam introduced the report which set out the arrangements for commissioning new services for Deprivation of Liberty Safeguards assessments and the plans to reduce the size of the backlog of non-priority applications. He said that the Supreme Court judgement of March 2014 had increased the DOLS applications nationally. Kent County Council had received a total of 4,402 applications yet to be completed since 1 April 2017.

a)    In response to a question, Michael Thomas-Sam said that less than 5% of DOLS applications were refused.

b)    In response to a question, Michael Thomas-Sam said that the number of DOLS applications included in the backlog would fluctuate.

c)    In response to a question, Michael Thomas-Sam said that 18% of the DOLS applications received in 2017/18 were from NHS Trusts in Kent.

d)    In response to a question, Michael Thomas-Sam said that when the additional funding for DOLS was provided by the Government in 2015, the demand for DOLS had since been factored into the budget allocation to local authorities. He added that KCC were responsible for managing the DOLS assessment process irrespective of where the applications came from – care homes or hospitals.

e)    In response to a question, Michael Thomas-Sam talked about the DOLS acid test and said that an individual who lacked the capacity to consent to the arrangements for their care and was subject to continuous supervision and control and was not free to leave their care setting, was deprived of their liberty and should be the subject of a DOLS application.

f)     In response to a question, Clare Maynard talked about the benefits of the light-touch procurement process and said that the regime enabled Kent to use a lighter procedure whilst keeping fully compliant with regulations.

g)    In response to a question, Michael Thomas-Sam said that although the new legislation applied to people aged 18 and over, there were transition issues that may have led to an individual aged 16-17 to go through the assessment. He said that there was no funding from Government in terms of the 16-17-year olds transitioning from children’s services to adult services, the funding came from Adult Social Services within KCC.

2.    RESOLVED that the decision proposed to be taken by the Cabinet Member for Adult Social Care, to

a)    commission new services for Deprivation of Liberty Safeguards assessments to reduce the size of the backlog of non-priority assessments; and

b)    delegate authority to the Interim Corporate Director of Adult Social Care and Health, or other nominated officer, to undertake the necessary actions to implement the decision,

be endorsed.