This recent report analyses the issues with regards to the current DoLS backlog and the lack of funding. The report includes research carried out by Age UK and concludes as follows:
"While we support reform via the introduction of the LPS, we note concerns expressed by respondents to the Welsh Government consultation on the LPS Draft Regulations for Wales, about the definition of deprivation of liberty included in the draft Code of Practice intended to support the LPS. The response states that the draft Code’s definition of deprivation of liberty under the LPS ‘takes many vulnerable people who lack capacity out of the reach of Article 5, yet still allows for intensely restrictive care with no right to appeal or independent scrutiny’. This raises questions about whether the LPS, as currently proposed, would offer sufficient protections to those who are deprived of their liberty. Ahead of any future implementation, and given the time that has elapsed since the initial implementation date, the Government must work with stakeholders to ensure that the safeguards are robust and protect people’s human rights. In addition, the LPS must be properly funded to ensure that local authorities are able to meet their legal obligations and that the rights of older people are able to be upheld."
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