Information on deprivation of liberty authorisations
Dear Common Council of the City of London,
I would like figures from April 1st 2009 until November 1st 2010 for the following questions. All these questions are with reference to the deprivation of liberty safeguards since they came into force in April 2009, as they apply to care homes, and not hospitals. Please do not include information relating to hospitals in your response.
I recognize that not all this data may be stored by yourselves in a form which enables you to retrieve it within the resource limits of the FOIA – please respond to those questions which you are able to within those limits. If you cannot answer a question because the data is not collected in that form by yourselves, please could you state this in your response.
If it is only within the resource limits of the FOIA to respond to some of the questions, please address them in the order given.
1) How many applications for authorisation that accompanied urgent authorisations for a deprivation of liberty have you received from managing authorities of care homes?
2) How many applications for standard authorisations for a deprivation of liberty have you received from managing authorities of care homes that did not accompany urgent authorisation? (Please count separate applications relating to the same individual as separate).
3) How many of these applications that accompanied an urgent authorisation for a deprivation of liberty have been rejected because they failed the ‘best interests’ assessment?
a. How many of these best interests assessments have failed on the grounds that the detention is not in a person’s best interests and where a deprivation of liberty has been found to be already occurring?
4) How many of these applications for a standard authorisation that did not accompany urgent authorisation for a deprivation of liberty have been rejected because they failed the ‘best interests’ assessment?
a. How many of these best interests assessments have failed on the grounds that the detention, where it is felt it will occur, will not be a in person’s ‘best interests’?
5) How many section 39C IMCA’s have been appointed in total to represent people who are subject to a deprivation of liberty authorisation application in a care home?
6) How many section 39D IMCA’s have been appointed in total to represent people who are subject to a deprivation of liberty authorisation application in a care home?
7) How many cases have occurred where the deprivation of liberty authorisation has been appealed in the Court of Protection?
a. In how many of those cases, if any, did the Court overturn the deprivation of liberty authorisation?
b. In how many of those cases, if any, did the Court place further conditions on the deprivation of liberty authorisation?
8) In how many instances has the deprivation of liberty assessment process been triggered by a third party contacting the supervisory body about a possible unlawful deprivation of liberty?
9) In how many instances has the deprivation of liberty assessment process been triggered by the Care Quality Commission contacting the supervisory body about a possible unlawful deprivation of liberty?
10) Separately, for standard and urgent applications, please indicate which authorizations related to people whose care was funded by the local authority and those where funding was provided by other sources (e.g. health funding, privately commissioned etc).
Yours faithfully,
Lucy Series
Dear Ms Series,
FREEDOM OF INFORMATION ACT 2000 (FOIA) - INFORMATION REQUEST
The City of London (CoL) acknowledges receipt of your request for
information of 26 January 2011.
Public authorities are required to respond to requests within the
statutory timescale of 20 working days beginning from the first working
day after they receive a request. The Act does not always require public
authorities to disclose the information which they hold.
The FOIA applies to the CoL as a local authority, police authority and
port health authority. The CoL is the local and police authority for the
"Square Mile", ie the historic City of London, and not for London as a
whole. Please see the following link to a map on the CoL's website, which
shows the area covered:
[1]www.cityoflondon.gov.uk/Corporation/maps/boundary_map.htm.
The CoL's port health authority functions extend beyond the City boundary.
For further information please see:
[2]www.cityoflondon.gov.uk/porthealth.
Yours sincerely,
Information Officer
City of London
Tel: 020-7332 1209
[3]www.cityoflondon.gov.uk
Dear Ms Series,
FREEDOM OF INFORMATION ACT 2000 - INFORMATION REQUEST
Following receipt of your request for information on 26^th January 2011
and our acknowledgement of the same date, the City of London (CoL)
responds as follows.
Within the period April 1^st 2009 to November 1^st 2010, the City of
London has not had any applications for Authorisation for Deprivation of
Liberty.
Please note that the City (the "Square Mile") has a very small resident
population of only about 8,000.
If you wish to make a complaint about the way the CoL has handled your
enquiry, please make your complaint in writing to email address:
[email address].
For a link to the CoL's FOI complaints procedure, please visit the
following page: [1]www.cityoflondon.gov.uk/Feedback, at the end of which
is located the FOI complaints procedure. If, having used the CoL's FOI
Complaints Procedure, you are still dissatisfied, you may request the
Information Commissioner to investigate. Please contact: Information
Commissioner, Wycliffe House, Water Lane, Wilmslow, Cheshire, SK9 5AF.
Telephone: (01625) 545700. Website: [2]http://www.ico.gov.uk/.
Please note that the Act applies to the City of London only as a local
authority, police authority and port health authority. Subject to any
other statutory provisions requiring the City of London to disclose
information, release of information outside the scope of the Act is
subject to the discretion of the City of London.
The CoL holds the copyright in this communication. Its supply does not
give a right to re-use in a way that would infringe that copyright, for
example, by making copies, publishing and issuing copies to the public or
to any other person. Brief extracts of any of the material may be
reproduced under the fair dealing provisions of the Copyright, Designs and
Patents Act 1988 (sections 29 and 30) for the purposes of research for
non-commercial purposes, private study, criticism, review and news
reporting, subject to an acknowledgement of the copyright owner.
Yours sincerely
Department of Community and Children's Services
020 7332 1638
[3]www.cityoflondon.gov.uk
Dear City of London Council,
Thank you very much for taking the time to respond and provide this information - I appreciate it.
Yours sincerely,
Lucy Series
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