The Commons’ Health Committee warns in its post-legislative scrutiny of the Mental Health Act 2007 that “on many occasions those responsible for ensuring patients are protected by them have failed to do so”.
The Deprivation Of Liberty Safeguards (DOLS) were included in the 2007 Act as an addition to the 2005 Mental Capacity Act (MCA), providing a statutory framework protecting the rights of patients detained under the MCA – many of whom suffer from dementia.
However, the committee calls for an “urgent review” of DOLS’ use within 12 months, adding that the evidence it’s received about DOLS’ application has been “profoundly depressing and complacent”.
People who suffer from lack of mental capacity are “widely exposed to abuse because the controls which are supposed to protect them are woefully inadequate,” the report says.
It also raises concerns over “severe pressure on beds” in mental hospitals, and highlights the “suggestion that voluntary admissions to psychiatric wards are now so difficult to access that patients are being sectioned to secure treatment in hospital.”
The committee describes this practice as a “major infringement of a patient’s civil liberties” and says DH should “urgently investigate”.
A DH spokesperson said: “We have made it clear our goal is to make sure mental health has equal priority with physical health, which is why we have enshrined this principle in law for the first time.
“Making sure people with mental health problems get the right assessment, care and treatment they need as quickly as possible is vital and the local NHS must ensure acute beds and appropriate services are there for patients who need them.
“Vulnerable people deserve to be fully protected at all times, particularly when they need to be deprived of their liberty in their own best interests. However, there are still unacceptable variations across the country and we are working with the CQC, health services and local authorities to ensure that these protections are used whenever they are needed. We will take swift action where necessary to protect individual patients.