Part of 2. 2. Questions to the Cabinet Secretary for Health, Well-being and Sport – in the Senedd at 2:39 pm on 9 November 2016.
This is an issue affecting local authorities right across Wales, and, in terms of the why, I think the reason there is that, in 2014, the Supreme Court reached a decision known as ‘Cheshire West’, which widened the definition of what’s meant by deprivation of liberty, and Care and Social Services Inspectorate Wales and Healthcare Inspectorate Wales have jointly described a 16-fold increase in the number of applications, so I recognise the picture that you’re painting in terms of the significant pressures on this right across Wales. I know that the Law Commission are currently looking into this issue at the moment, with a view to publishing a report in December. So, there might be changes as to what deprivation of liberty standards might be and what orders might involve in the future. So, obviously, changes will be decided at UK Government level, but we’ll be keen to have our input into that and to make strong representations.
We have provided local authorities and health boards with funding over the past three years in order to try and have them fulfil their legal obligations with regard to those timescales, but, obviously, I recognise that there is still significant pressure there.