Question to the Department of Health and Social Care:

To ask His Majesty's Government, following the Supreme Court’s ruling on the Cheshire West and Chester Council framework for Deprivation of Liberty Safeguards, who is responsible for determining whether a person who lacks mental capacity is validly consenting to their care placement; whether that determination rests with the managing authority of the care setting rather than an independent qualified professional such as a social worker, approved mental health professional, or best interests assessor; and, if so, what safeguards exist to prevent the recurrence of the conditions that led to the abuse scandal at Winterbourne View Hospital.

The Government remains firmly committed to safeguarding and protecting the rights of people lacking capacity.

As seen in the attached document, The Department published an update on GOV.UK on 15 June in response to the judgement. The update includes initial steers on what the judgment means, including for the assessment of valid consent, for practitioners and all those involved in supporting individuals where is a deprivation of liberty. We are working with a range of stakeholder partners and charities to develop follow-up guidance as quickly as possible.

Deprivation of Liberty Safeguards (DoLS) are one of several ways that United Kingdom legislation protects people’s rights. Since Winterborne, the Care Act 2014 was implemented and provides explicit safeguards for adults with care and support needs.

As recommended by Baroness Casey, we are working at pace to set up a new National Adult Safeguarding Board to strengthen national oversight and accountability of the safeguarding system and to and to undertake a review of adult safeguarding statutory duties and powers.