Question to the Department of Health and Social Care:

To ask Her Majesty's Government what plans they have to modify the Deprivation of Liberty Safeguards in order for relatives of residents in care homes to be able to move to their family homes residents of such homes who are currently not allowed to legally leave care homes.[T]

Emergency guidance issued at the beginning of the pandemic and the Codes of Practice for the Mental Capacity Act and Deprivation of Liberty Safeguards offer guidance to individuals trying to determine and make decisions in the best interests of a person who lacks capacity to make a particular decision, including on where to live.

Those making best interests decisions should seek consent on all aspects of care and treatment to which the person can consent. They should consider the person’s wishes and feelings, as well as their beliefs and values that would be likely to influence their decision. They should also consider the views of the person’s family members and those interested in the person’s welfare. This approach applies to decisions about residence too.