£25 million of one-off funding assistance for local authorities was announced by the minister for care and support, Norman Lamb MP, on Friday 27^th March. The surprise announcement will provide local authorities with a non-ringfenced contribution to the cost of supporting the deprivation of liberty safeguards. These safeguards were introduced in 2007 to protect the human rights of people who lack mental capacity and who are living in circumstances, for example a care home or hospital, where they are deprived of their liberty.

The groundbreaking “Cheshire West” case decided by the Supreme Court in March 2014 opened the floodgates because it effectively lowered the threshold for when somebody is legally deprived of their liberty. Someone who lacks mental capacity can only be deprived of their liberty if it is necessary and in their best interest to protect them from harm. The deprivation of liberty must be authorised for it to be lawful. If someone is deprived of their liberty without the correct authorisation this is unlawful and in breach of that person’s human rights.

As a result of the Cheshire West case local authorities across England and Wales have seen an exponential increase in requests for deprivation of liberty authorisations; the Guardian recently reported that Shropshire County Council dealt with 165 requests in 2013-14 but by March of this year had 1,400 cases. Figures from the Care Quality Commission show that since March 2014 applications have risen from around 13,000 a year to around 55,000. The additional cost to local authorities is understandably immense and has been estimated at £100 million.

The £25 million on offer may well still leave local authorities with a shortfall.

Kirklees Council has had to find £69 million in savings for their 2015-16 tax year and it has been estimated that this will mean 1,000 council job losses; providing social care is a priority but the funding issues make it incredibly difficult for all local authorities to comply with their statutory responsibilities.

Sarah Young, Partner with Ridley & Hall Solicitors is concerned:

“This extra funding is good news for local authorities but it isn’t enough – there are thousands of individuals across England and Wales who are being unlawfully deprived of their liberty and many local authorities simply don’t have the resources to comply with the law. In most cases this may not directly impact on individuals’ safety but the concern must be that vulnerable members of society are being effectively unlawfully detained, possibly against their wishes or those of their family or friends, so there is urgent need for full funding so the backlog of cases can be reviewed.”

Sarah Young is a Partner with Ridley & Hall Solicitors in Huddersfield and specialises in Court of Protection disputes and will disputes. Sarah has a record of bringing the most complex cases to a successful conclusion.

For further information please contact Sarah Young of Ridley and Hall, Queens House, 35 Market Street, Huddersfield HD1 2HL on 01484 538838 or mobile 07860 165850.