DoLS and the Ombudsman
A recently published Ombudsman report identified a series of failings by a care provider and the use of DoLS. The Ombudsman found: '...MOP Healthcare Limited: did not properly assess Mr X’s mental capacity after he attempted suicide; failed to process a Deprivation of Liberty safeguard application appropriately; took overly restrictive steps to deprive Mr X of his liberty by continuing 1-1 care despite his social worker and a Community Psychiatric Nurse advising less restrictive measures could be used to maintain his safety; charged Mr X an additional £2,520 a week for the 1-1 care. This meant Mr X was under constant supervision for the last 9 months of his life in Barrowhill Hall Care Home, even when on end-of-life care, due to a flawed capacity assessment. The complainant suffered significant distress and financial loss. The faults could also risk similar restrictions happening to other people.'
The Ombudsman has now reported MOP Healthcare to the CQC due to its failure to implement all of its recommendations. This connection between the Ombudsman and the CQC is something that will impact on Local Authorities in the future now they are subject to CQC inspections.
This case and other Ombudsman rulings on DoLS will be the subject of a talk at the annual Edge Training DoLS conference (click on here)
