Information on deprivation of liberty authorisations

The request was partially successful.

Dear Swindon 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 authorisations for a deprivation of liberty that accompanied an urgent authorisation have you received from managing authorities of care homes?
2) How many applications for standard authorisations (21 day) 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' (7 day) 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

Customer Services, Swindon Borough Council

Thank you for your email which has been forwarded to the FoI office for response.

Kind regards

Customer Services
Swindon Borough Council
Wat Tyler House
Swindon SN1 2JG
Phone: 01793 445500

E-mail: [Swindon Borough Council request email]
Website: www.swindon.gov.uk

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Sally Jansen, Swindon Borough Council

Dear Ms Series

Ref Freedom of Information Request: 101000250103

Thank you for your request for information regarding deprivation of
liberty authorisations dated 20th December 2010 and received in to our
office on 20th December 2010:

Under the terms of the Freedom of Information Act 2000, the Council has a
duty to respond `promptly' or no later than 20 working days, which in this
case is 20^th January 2011.

If you have any queries please contact me as detailed, quoting the above
reference number.

Yours sincerely,

Sally Jansen ([email address])

Freedom of Information & Data Protection Coordinator

Adult Social Care / Safeguarding & Corporate Parenting

Swindon Borough Council

Tel: 01793 466824

Web: www.swindon.gov.uk

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Sally Jansen, Swindon Borough Council

Dear Ms Series

Ref Freedom of Information Request: 101000250103

Further to my email of 21^st December 2010, please find to follow the
response to your Freedom of Information request regarding Deprivation of
Liberty Safeguards authorisations between April 1^st 2009 - 1^st November
2010:

1^ST APRIL 2009 - 1^st APRIL 2010 -
31^ST March 2010
Nature of Request 1^ST NOVEMBER 2010

1) How many applications for
authorisations for a deprivation of
liberty that accompanied an urgent 15 9
authorisation have you received from
managing authorities of care homes?

2) How many applications for standard
authorisations (21 day) for a
deprivation of liberty have you
received from managing authorities of
care homes? (Please count separate 9 20
applications relating to the same
individual as separate).

3) How many of these applications for
'urgent' (7 day)
0 2
authorisations for a deprivation of
liberty have been rejected because
they failed the `best interests'
assessment?

3a) 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 0 0
to be already occurring?

4) How many of these applications for
a standard authorisation for a
deprivation of liberty have been 0 8
rejected because they failed the
`best interests' assessment?

4a) How many of these best interests
assessments have failed on the
grounds that the detention, where it 0 1
is felt it will occur, will not be a
in person's `best interests'?

5) How many section 39C IMCAs have
been appointed in total to represent
people who are subject to a 1 0
deprivation of liberty authorisation
application in a care home?

6) How many section 39D IMCAs have
been appointed in total to represent
people who are subject to a 0 5
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 0 0
the Court of Protection?

7a) In how many of those cases, if
any, did the Court overturn the
deprivation of liberty authorisation? N/a N/a

7b) In how many of those cases, if
any, did the Court place further
conditions on the deprivation of N/a N/a
liberty authorisation?

8) In how many instances has the
deprivation of liberty assessment
process been triggered by a third N/a N/a
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 N/a N/a
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).

10a) Authorisations where funded by 17 16
local authority

10b) Authorisations where funded by 0 0
PCT

10c) Authorisations where self-funded 5 4

10d) Authorisations where funded by 1 0
other funding route

I trust this information will satisfy your request, however, if you are
dissatisfied with the service you have received in relation to your
request and you wish to make a complaint or request a review, you should
contact:

Customer Services

Civic Offices

Euclid Street

Swindon

Website: www.[Swindon Borough Council request email]

The complaints/review procedure involves a full review and an examination
of all the information by the Council's Monitoring Officer. If you are not
content with the outcome of our conclusion, you may apply directly to the
Information Commissioner's Office for a decision, before contacting the
Council. Generally, the ICO cannot make a decision unless you have
exhausted the Council's own complaints procedure.

The Information Officer can be contacted at:

The Information Commissioner's Office,

Wycliffe House

Water Lane

Wilmslow

Cheshire

SK9 5AF

Email: [1][email address]

Tel: 01625 545700 (ask for Freedom of Information)

If you require any further information concerning this, please contact me
as detailed, quoting the above reference number in any future
communications.

Yours sincerely

Sally Jansen ([email address])

Freedom of Information & Data Protection Coordinator

Adult Social Care / Safeguarding & Corporate Parenting

Swindon Borough Council

Tel: 01793 466824

Web: www.swindon.gov.uk

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Dear Ms Jansen,

Thank you very much for supplying the requested information; please also pass on my thanks to the relevant team for collating these data.

I am sorry to trouble you further, but could I please double check the figures you sent as the email has unfortunately reformatted in a strange way.
Q1)15
Q2)20
Q3)2
Q3a)0
Q4)8
Q4a)1
Q5)10
Q6)5
Q7)0
Q8)0
Q9)0
Q10)
Urgent/Standard
LA Funded: 16 / 17
Health Funded: 0 / 0
Self-funded: 4 / 5
Other: 0 / 1

I hope I've read these correctly, apologies for taking up more time.

Yours sincerely,

Lucy Series

Sally Jansen, Swindon Borough Council

1 Attachment

Dear Ms Series

Ref Freedom of Information Request: 101000250103

Thank you for your email. Please see the attached word document reference
our response to the above FOI request.

Yours sincerely

Sally Jansen ([email address])

Freedom of Information & Data Protection Coordinator

Adult Social Care / Safeguarding & Corporate Parenting

Swindon Borough Council

Tel: 01793 466824

Web: www.swindon.gov.uk

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Dear Ms Jansen,

Thanks very much for sending the document, that's really helpful.

Yours sincerely,

Lucy Series