DoLS: safeguarding??

southlucia

Registered User
Dec 19, 2011
166
0
In July, my dad had a couple of seizures and spent 3 weeks in hospital. During this period he lost his mobility. (He had a fall from a chair whilst in hospital.) He was heading there before this, but the seizures, and being in bed, had an effect on his remaining mobility. He couldn't return to his CH, so we found him a NH.

He'd be hoisted from bed and sat in a chair or lounger all day. He had hated sitting even when mobile, so I wasn't surprised to see him fidget, straightening his back in order to be in a laying position. He'd often be in a recliner chair, so was virtually laying down. He seemed more content this way, but when sat more upright in a standard armchair, he looked uncomfortable.

Just 2 weeks in and Dad slipped off a recliner chair. This resulted in a large skin peel on his elbow. A week later, and just 3 days after I had spoken to the Head of Care about my concerns of Dad falling again: he fell. This time his hip was broken. He had a partial hip operation the following day and returned to the home after 9 days. Prior to my dad's hospital discharge, I had a meeting with the NH, after talking to the hospital consultant about Dad's inability to weight bear, and my concerns of him returning back to the home to be sat back in a chair, and potentially fall or slip off the chair again. The hospital consultant agreed with my opinion that Dad should return and be in bed. At the meeting with the NH, they also agreed. What was mentioned though, by the NH and the hospital, was DoLS.

Dad had been assessed ( by DoLS) a couple of days before his fall. He then had to be assessed again on his return. I'd kept in touch with the assessor from prior to the first assessment, and through Dad's hospital stay until he returned. The new assessment was carried out a couple of days ago, and my sister and I were asked to provide reasons why we wanted Dad to stay in bed.

We individually stated that our dad has: just undergone a major operation. He's unable to weight bear; he hates sitting and has probably forgotten how to. He's unable to communicate; he doesn't understand simple instructions; he's been doubly incontinent for over 4 years; he hasn't known family, or anyone for almost 5 years; isn't aware of those around him; he doesn't respond to music. He does still though, occasionally, mutter the odd word, that doesn't have any semblance to reality. Since the seizures, Dad's eyes are closed. He occasionally, very briefly, opens them.

Pre- dementia, Dad was a loner. He'd lived alone for 20 years after his 2nd divorce. His worst nightmare would have been having to spend ALL his time with others. We stated this too, but the outcome of the assessment is that they'll only authorise an 8 week DoLS.

I can only assume that this relates to his 'lack of socialising' , rather than the issue of being confined to bed. Dad was virtually in bed in the chairs anyway! But very unsafe. Where has common sense gone?!

DoLS have decided to have a paid RPR during this 8 week period, due to 'conflict of interest'. I have previously been the RPR on two occasions. Yes, I know it shouldn't be personal, but, it really , REALLY is. ( I've refrained from the expletives that I feel the need to say)

What happens at the end of the 8 week period? How can I continue in my attempt to keep my Dad safe? My sister and I can see the reality. Why can't 'they'?
 

canary

Registered User
Feb 25, 2014
25,048
0
South coast
Im a bit confused about this.
DoLs (deprivation of liberty safeguarding) is standard in dementia homes as they are not allowed to leave when they want to and are therefore being deprived of their liberty. The DoLs is there to make sure that this is appropriate. I have never heard of it being used when decisions about staying in bed v being hoisted into a chair are made. Are you sure that is what the DoLs is about?
 

Kevinl

Registered User
Aug 24, 2013
6,306
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Salford
The obvious question would be is anyone else there allowed to stay in bed all the time?
As Canary says it sees a bit odd to need a DoLS just to keep him in bed, didn't they need on to keep him in the home?
I know this place calls itself a nursing home but what are they equipped to cater for, a nursing home should be able to handle someone who's bedbound be it temporary or not.
K
 

nitram

Registered User
Apr 6, 2011
30,246
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Bury
Preventing somebody from getting out of bed is depriving them of their liberty unless there is a proven medical reason why they should stay in bed.

<Please don't shoot me, I'm only the messenger.>
 

Kevinl

Registered User
Aug 24, 2013
6,306
0
Salford
Preventing somebody from getting out of bed is depriving them of their liberty unless there is a proven medical reason why they should stay in bed.

<Please don't shoot me, I'm only the messenger.>

There is though, the OP says "The hospital consultant agreed with my opinion that Dad should return and be in bed. At the meeting with the NH, they also agreed."
The consultant said so and the home agreed.
K
 

nitram

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Apr 6, 2011
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Bury
It looks as if the DOLS assessor(s) regarded it as acute not chronic, hence the 8 weeks.
 

southlucia

Registered User
Dec 19, 2011
166
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Nitram, acute or otherwise, my dad is unsafe unless he's in bed. How do I proceed from here and keep him this way ?
 

nitram

Registered User
Apr 6, 2011
30,246
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Bury
It looks as if you have an 8 week before anything can change.

I don't know whether it impossible to appeal against this time limit citing the combined medical evidence that he should remain in bed for his own safety.

Maybe the hospital in suggesting a DOLS did not think there would there would be a time limit, have you approached them about this limit?
 

Jessbow

Registered User
Mar 1, 2013
5,714
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Midlands
Perhaps they are using the 8 weeks to find another seating solution. A recliner with pommel might be an option.
 

Kevinl

Registered User
Aug 24, 2013
6,306
0
Salford
Nitram, acute or otherwise, my dad is unsafe unless he's in bed. How do I proceed from here and keep him this way ?

As I asked earlier, is anyone else in the home allowed to stay in bed all the time?
If the home don't like letting people stay in bed all day it then their preferred option to ask you to move him elsewhere.
Someone bedbound can be extra work for the staff, more one to one care. What are the staffing levels like?
K
 

nmintueo

Registered User
Jun 28, 2011
844
0
UK
The hospital consultant agreed with my opinion that Dad should return and be in bed. At the meeting with the NH, they also agreed.

DoLS have decided to have a paid RPR during this 8 week period, due to 'conflict of interest'. I have previously been the RPR on two occasions. Yes, I know it shouldn't be personal, but, it really , REALLY is. ( I've refrained from the expletives that I feel the need to say)

What conflict of interest? Your interest in the care and welfare of your father is in conflict with what, exactly? And how is there a conflict of interest now when there wasn't before? Do they have any rationalisation for any of this?

Guidance states (see previous post):

In general, a relevant person’s representative is a friend or family member who will ensure that the rights of a person being deprived of their liberty are protected.

In cases where no friend or family member is willing or eligible, a paid representative will be appointed.

Your appointment as an RPR will be terminated if: ...
• an attorney or deputy objects to you continuing in the role of RPR (if they have the authority to do so)

I think at least insist in writing that they show why you are deemed 'ineligible'. An unspecified 'conflict of interest' won't cut it. (Maybe you can't fight the bureaucracy, but you don't want to leave them in a position where they could claim later that everyone was happy about this).

I take it there isn't an attorney or deputy to object and have the RPR terminated?

What happens at the end of the 8 week period? How can I continue in my attempt to keep my Dad safe? My sister and I can see the reality. Why can't 'they'?

What happens at the end of the 8 week period? What's happening now? Is someone in charge of DoLS actually insisting that he be hoisted out of bed and placed into a chair, when he himself makes no move to do that, and over the objections of the consultant, family and nursing home, and despite the previous safety incidents and injuries?

One is not 'preventing' him from getting out of bed by leaving him there, unless he is trying to get up. One is, however, preventing him from remaining in bed by hoisting him out of it when he shows no inclination to get up.
 
Last edited:

nitram

Registered User
Apr 6, 2011
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Bury
The NH seem to have agreed that he should stay in bed and that it would require a DOLS. This was the time for them to say they would prefer he did not return.

"The hospital consultant agreed with my opinion that Dad should return and be in bed. At the meeting with the NH, they also agreed. What was mentioned though, by the NH and the hospital, was DoLS. "
 

Hill Man

Registered User
Apr 10, 2016
61
0
Mid Wales
I would just say that its best to work with the system however annoying it is. The DoLS system was put in for good reasons but occasionally seems a little defensive. Within the strict meaning of the Act being confined to bed is more restrictive than being in a chair, the process just needs to be followed for everyone to agree its justified and in the best interests of the person concerned. Sometimes you just need to let the system run its course.
 

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