Information on deprivation of liberty authorisations

Lucy Series made this Freedom of Information request to Ealing Borough Council

This request has been closed to new correspondence from the public body. Contact us if you think it ought be re-opened.

The request was successful.

Dear Ealing Borough Council,

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 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? (Please count separate applications relating to the same individual as separate).
3) How many of these applications for urgent authorisations 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 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

foirequests foirequests, Ealing Borough Council

1 Attachment

Dear Ms Series,

Please find attached our acknowledgement of your Freedom of Information request dated 6th December 2010.

Yours sincerely,

Mrs K Ashani

Information & Data Compliance
Business Services Group
Ealing Council
3rd Floor SE Perceval House
14-16 Uxbridge Road
London
W5 2HL

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foirequests foirequests, Ealing Borough Council

2 Attachments

Dear Ms Series,

I write further to your Freedom of Information request dated 6th December
2010.

Please find attached our response.

Yours sincerely,

Mrs K Ashani

Information & Data Compliance
Business Services Group
Ealing Council
3rd Floor SE Perceval House
14-16 Uxbridge Road
London
W5 2HL

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Dear Ealing Borough Council,

Thank you very much for supplying the information requested.

Yours sincerely,

Lucy Series