Written evidence from Mrs Carol Wilkinson

• Whether the Law Commission’s proposals for Liberty Protection Safeguards strike the correct balance between adequate protection for human rights with the need for a scheme which is less bureaucratic and onerous than the Deprivation of Liberty Safeguards

Yes, if a MCA best interests process is followed by social care workers before moving people to residential care, or by the home manager arranging a self-funders admission by family, clearly noting P’s objection to loss of liberty by the move to the care home and taking legal advice as needed at that stage, most non objecting people’s liberty who lack capacity living in care homes will be protected without further need for another best interests assessment on their loss of liberty.

AMCAPS will not cope or be robust/ senior enough to cope with the demand of all a county’s objecting clients. Pre AMCAP involvement, there should be a widely and easily available speedy local Panel or Tribunal process for P if they object to loss of liberty to protect them. The AMCAP can then form part of a process of resolution/ and in getting P into Court for actual legal challenge as necessary, if no other resolution is  deemed possible.

Additional and speedy liberty protection should be available for objecting clients. Wider best interests care planning acknowledging the loss of liberty, wider safeguarding and home inspection are sufficient measures for the far larger group of non-objecting incapacitated adults.

The balance may be right, or may have a whole bundle of unintended consequences; it’s so hard to say. Best though to trust to tried and tested practice in the field of adult social care and enhance people’s rights when they object to this care, especially when their liberty must be protected, or regained . Social work is a profession that works hard to resolve people’s unhappiness and difficulties, based on conflict resolution.  Let us be allowed and supported to do that, via Best interests process. The law should be very much available when we don’t, won’t or can’t resolve, as should questioning of our professional accountability, as relevant. 

• Whether the Government should proceed to implement the proposals for Liberty Protection Safeguards as a matter of urgency

Yes, please! Make it lighter touch as necessary and trust to best interest resolution much more before the law steps in, but we do need to stop this pointless deluge of frail ,old, incapacitated but happy, well cared for people pointlessly being told they can go to Court, as now.

• Whether a definition of deprivation of liberty for care and treatment should be debated by Parliament and set out in statute 

No. We have the Supreme Court definition, enough. Protection to right to liberty needs to be considered at pre admission stage, not after, as for children coming into care. 

15 February 2018