A Wrexham solicitor has today echoed concerns raised in a newly published report by the Care Inspectorate in Wales, about a potential shortage of carers able to look after people in the community.
Local Court of Protection lawyer, Shane Maddocks, who is Head of Public Authority Law at leading North Wales law firm GHP Legal, said:
“It comes as no surprise to me that care providers and Local Authorities may be struggling to provide enough staff to care for people at home. Sadly, this is becoming increasingly reflective in the work that I do, particularly in the more rural areas which are harder to reach and require greater travel time.
“As a result of the above, people who are deemed to lack capacity to make their own decisions on these issues are often simply being placed in care homes when there may be the potential for them to be cared for at home.
"If a person lacking capacity is eventually detained in a care home, they will quite likely be made subject to a Deprivation of Liberty Standard Authorisation. It is therefore important that if family members and advocates for those who lack capacity have concerns about the level of care required, and how this is provided, they are made aware of the potential consequences and informed about legal routes available to challenge a person’s deprivation of liberty within the Court of Protection.
“The Court can look at all available options and I have had many cases where those responsible for deciding what level of care is needed, such as Local Authorities, have just required a little “nudge” from the Court to look at the alternatives in more detail. So, my advice to family members and advocates is to always ask questions and seek help from those with the knowledge and ability to affect change if they have any concerns at all.”