• Skip to main content
  • Skip to secondary menu
  • Skip to primary sidebar
  • Skip to footer
  • Advice/Information
  • About DNS
  • Subscribe to DNS
  • Advertise with DNS
  • Support DNS
  • Contact DNS

Disability News Service

the country's only news agency specialising in disability issues

  • Home
  • Independent Living
    • Arts, Culture and Sport
    • Crime
    • Education
    • Employment
    • Housing
    • Transport
  • Activism & Campaigning
  • Benefits & Poverty
  • Politics
  • Human Rights
You are here: Home / News Archive / Liberty rights still ‘being breached’ despite new safeguards

Liberty rights still ‘being breached’ despite new safeguards

By guest on 29th July 2010 Category: News Archive

Listen

Disabled people are having their human rights breached because legal safeguards introduced to protect them from being wrongly deprived of their liberty have not been properly implemented, according to a new report.

The Deprivation of Liberty Safeguards (DoLS), introduced in England and Wales in April 2009, allow care homes and hospitals to obtain legal powers to detain residents or patients who lack capacity to make their own decisions, if they believe it is necessary to protect them from harm.

The safeguards are used in cases such as people with dementia whose relatives want them to return home from hospital, or care home residents who have been locked up or sedated without their consent.

About 5,500 people had their cases assessed in the first nine months, with about half resulting in them having their “deprivation of liberty” approved.

The DoLS were introduced to remedy the so-called “Bournewood gap”, where a man with autism was detained by Bournewood Hospital against his carers’ wishes and was unable to appeal until being sectioned under the Mental Health Act. In 2004, the European Court of Human Rights found his rights had been breached.

The new report by the Mental Health Alliance says there is “widespread misunderstanding and confusion” about the new safeguards among health and social care staff, and disabled people’s human rights “are not being adequately protected”.

The report also says there are concerns that relatives of people affected are not being told about the support they are entitled to “to help them navigate this otherwise impenetrable system”.

And it calls on the government to examine the wide differences across the country in the number of DoLS applications to primary care trusts and local authorities, and why government figures show only a third of the expected number of applications across England.

The report says there have been some benefits, such as greater legal protection for some disabled people, and closer external monitoring of some people’s care arrangements.

But it calls for new government guidance that would be more accessible to staff in care homes and hospitals.

Roger Hargreaves, who wrote the report, said the alliance had concerns about the implementation “and the extent to which DoLS are being understood and used by care staff, and also about how much support and advice is being made available to the representatives of individuals affected by DoLS”.

A Department of Health spokeswoman said: “It is unacceptable that before this law came in, care homes or hospitals were able to lock someone up or sedate them without their consent and without that person having any kind of right to appeal or protest.

“Deprivation of liberty is only ever used as a last resort where it is necessary to keep a person safe and all other options have been exhausted.”

She added: “There are variations in the system and we are carefully examining the reasons behind this, and raising awareness of the act.

“As it has already done, where necessary, the department will update its guidance in relation to these important safeguards.”

15 July 2010

Share this post:

Share on X (Twitter)Share on FacebookShare on WhatsAppShare on RedditShare on LinkedIn
Image of front cover of The Department, showing a crinkled memo with the words ‘Restricted - Policy. The Department. How a Violent Government Bureaucracy Killed Hundreds and Hid the Evidence. John Pring.’ Next to the image is a red box with the following words in white: ‘A very interesting book... a very important contribution to this whole debate’ - Sir Stephen Timms, minister for social security and disability. plutobooks.com and the Pluto Press logo.

Related

‘Muddled’ blue badge reforms ‘are to blame for renewal delays’
6th February 2015
UN debate will be reminder of true inclusive education
6th February 2015
IDS breaks pledge on PIP waiting-times, as tens of thousands still queue for months
30th January 2015

Primary Sidebar

On the left of the image are multiple heads of different colours - white, aqua, red, light brown, and dark green - all grouped together, then the words ‘Join our campaign for a decent life for Disabled people. Campaign for Disability Justice’
Image of front cover of The Department, showing a crinkled memo with the words 'Restricted - Policy. The Department. How a Violent Government Bureaucracy Killed Hundreds and Hid the Evidence. John Pring.' Next to the image is a red box with the following words in white: 'A very interesting book... a very important contribution to this whole debate' - Sir Stephen Timms, minister for social security and disability. plutobooks.com and the Pluto Press logo.

Access

Latest Stories

Whately appears to agree social security spending is not spiralling after all… as Tories plan £36 billion-a-year cuts

Shadow minister says parents don’t ‘game’ SEND system… but Kemi says disabled adults do ‘game’ the benefits system

Level boarding pledge in government strategy is welcomed, but railways bill amendments are still vital

DWP silent after Tory member of PIP review publishes report demanding child disability benefits are slashed

Access failures at Tory conference leave wheelchair-user suspended in mid-air for more than an hour

Ministers’ decision to slash accessible housing targets was ‘unprincipled’, but Timms says they were right

Greens sideline disabled people at annual conference

National accessibility standards are crucial for addressing transport barriers, Tories hear at conference

Tories discriminate against disabled editor by blocking DNS from receiving key information at conference

Free social care is coming… but only if you’re over 65, government confirms after Burnham speech

Readspeaker
Image of front cover of The Department, showing a crinkled memo with the words 'Restricted - Policy. The Department. How a Violent Government Bureaucracy Killed Hundreds and Hid the Evidence. John Pring.' Next to the image is a red box with the following words in white: 'A very interesting book... a very important contribution to this whole debate' - Sir Stephen Timms, minister for social security and disability. plutobooks.com and the Pluto Press logo.

Footer

The International Standard Serial Number for Disability News Service is: ISSN 2398-8924

  • Accessibility Statement
  • Privacy Policy
  • Site map
  • Bluesky
  • Facebook
  • Instagram
  • LinkedIn
  • Threads
  • Twitter

Copyright © 2026 Disability News Service

Site development by A Bright Clear Web