Section 117

[Hazy28]

Hello… my dad was detained in April this year under Section 2 and then section 3 with advanced Alzheimer’s. He was wandering all hours of the night, with me collecting him from various police stations. He is not capable of personal care or looking after himself, unable to prepare food and just loved in bread and cake etc. He refused any kind of home care so was sectioned and sent to a secure mental facility. He was discharged into a care home in early June under section 117 where he has tried to abscond twice. Today I received a call from a Best Interest Assessor/Qualified Advanced Social worker who wants to meet me next week at the care home and assess my dad with regard to DOLS being obtained by the care home.

He’ll say that he doesn’t want to be there and then what? She mentioned it could go to court. Does this mean that they could send him home ?

Anyone else had this experience?

 

[nitram]

In a care home a DoLs is required for staff to legally prevent him leaving, otherwise all they can do is obstruct.
A care home is preferred over a secure unit as it is the least restrictive option.
I think it would only go to court if there is doubt about his incapacity to decide where he lives.

 

[canary]

When my mum was living in her care home she too had a DoLS because she too wanted to leave it. It is a very standard thing in care homes because it is the only legal way of preventing them leaving.

It will only go to court if there is doubt over whether he has capacity or not - a DoLS can not be granted if he still has capacity, but with him having a s117, I doubt that will be the case.