Here's another judgment handed down - not about funding of care or money money money, but all about care.

http://www.bailii.org/ew/cases/EWCA/Civ/2011/1257.html

The deprivation of liberty goes way beyond concerns about money and who's funding care.

Without liberty, who gives a toss about the costs or the funding.

Thanks, for reminding us all that there's more to this than £££money.

VM

Hello VM

Yet another brilliant piece of research giving us all even more to think about.

Kind regards Ian

Thank you. That was a highly illuminating read. Loads useful to consider in there re capacity and home and residential/nursing home care.

This is an extract from the Care Quality Commission. The operation of the Deprivation of Liberty Safeguards in England 2009/10.
The following list is based on the judgements of several of these cases and indicates the circumstances that have led to courts deciding that patients HAVE been deprived of their liberty.
1) Restraint was used to admit a person to a hospital or care home when they were resisting admission.
2) Medication was given forcibly, against a patient's will.
3) Staff exercised complete control over a person's care and movements.
4) Staff made all decisions on a person's behalf, including choices relating to assessments, treatment, visitors and where they could live.
5) Hospital or care home staff took responsibility for deciding if a persons could be released into the care of others or allowed to live elsewhere.
6) When carers requested that a person be discharged into their care, hospital,or care home staff refused.
7) A person was prevented from seeing friends of family because the hospital or care home restricted access to them.
A person was unable to make choices about what they wanted to do and how they wanted to live, because hospital care home staff exercised continuous supervision and control over them.

People are entitled to be cared for in the least restrictive way possible, and care planning should always consider if there are other, less restrictive options available to avoid an unnecessary deprivation of liberty. In some cases, it may be necessary to deprive someone of their liberty.

When speaking to nurse assessor yesterday(requesting copies of medical notes etc) I "Mentioned locked in" with deprivation of liberty very much in my mind. My father and I were told my mother would have to be institutionalised for life....my mother wanted to come and live with me and I begged them to allow her to come and live with me.....permission was refused....my mother was FORCED to enter an EMI home against her wishes and against my father and my wishes.