The report also found that over the last three years there has been a consistent and 'significant' regional variation among care homes and hospitals in the way the safeguards are used. It determined that it was unclear as to whether people's views and experiences of the safeguards were being heard in care homes and hospitals, and also that the implications of the DoLS safeguards in practice were not easy to understand."Only recently I represented a woman who was kept against her will in a home for people with advanced dementia," said Mr McGhee. "In that case the safeguards were simply not followed, and as such she was in her own words effectively 'held prisoner' by the local authority. If the people in charge had listened to her, to her family or any of her advocates - as the MCA requires - then her ordeal almost certainly would have been avoided."
New CQC Report Highlights "Lack Of Understanding" Of Liberty Safeguards And Mental Capacity Act
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