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Deprivation of Liberty? - Carers UK Forum

Deprivation of Liberty?

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Hi everyone, we had a visit from our social worker, who is very nice. In conversation I mentioned that I lock up and take the key out of the front and back door at night time, I do this for 2 reasons:

1 My husband and I have always done this he used to be really really security conscious before his injury.

2 It gives me reassurance that he cant just get out of bed, open the door and leave in the middle of the night without me knowing. He tends to try this when he is unwell with an infection and s disorientated and confused.

The social worker said that it could well be an issue as I could be seen to be depriving him of his liberty, even though the reason I'm doing it is understood and advice was needed from the DoLs team. Potentially they would have to go to the CoP for a ruling.

He reassured me it wasn't anything to worry about, but that said I am a little worried! Should I be concerned?
Hi Cheechee.

Deprivation of Liberty ?

Not a nice subject but ... full sp on the Alzheimers Society site :

https://www.alzheimers.org.uk/get-suppo ... uards-dols


Full explanation and background for you to consider.

Just one section that might have triggered the SW's concern :

Not free to leave

If a person is not free to leave the place where they are being cared for, they may be deprived of their liberty. It is important to note that this can be hypothetical. The person may not be physically able to leave by themselves, but the question is still the same – if they tried to leave, would they be stopped? If the answer is yes – ie they did not consent to this care and are not free to leave – then they are being deprived of their liberty.


In the scenario so outlined , a case of ... interpretation ?
Thanks Chris I can see why it's a very subjective issue.

In all the time I've been with my husband he's told me to never leave any keys in doors. His rational was it's not the burglars getting in that's the problem it's that they want a nice easy escape when they're finished so keys were never to be in doors or on view! Hard to get out of that habit after years and years for having that 'drummed' in.

I can see that it looks like a DoL but l suppose that's where it's open to interpretation? Say, hypothetically, he has a raging infection and wants to leave the house at 3am in the middle of winter with nothing but his pyjamas on, without me knowing.... what's in his best interest a locked door or a stint in hospital with hypothermia?

Difficult one
Your welcome , Cheechee.

Social Care law is full of ... shoulds / woulds / coulds ... a straight yes / no hardly appears.

As such , leads directly to the dreaded postcode lottery ... in interpretation.
Strictly my own opinion,

My main caree (sibling/S) is severely disabled/life long disorder and requires complete care around the clock, can't perform any action for themselves.
Another (remaining parent/P) suffers severe mobility/health related problems
Last (another older relative/O) suffers mobility/health related problems, is also early Dx Alzeimers (non-presenting)

They have mentioned a similar thing (theoretical) before in regards to "O" even though he is not yet at that stage, but we've already discussed as a family and agreed if/when the time comes, "O" would move into care at that point, due to the risk to not just "S" and "P" but myself in trying to work with a 135 kg aggressive/confused/irate "O".

I lock the doors at night, you'd be foolish not to in the current climate. We have medical equipment and enough scheduled/controlled drugs in lock up to down an elephant herd. I refuse to make my family and home a soft target for burglars.

If they want it different they can lay on a 24 hour qualified personal assistant or speak to my solicitor.
Only an idiot would NOT lock the doors at night!

Whether to leave the key in or out is a different issue, there are advantages and disadvantages.
If out, then it needs to be easily accessible in case of fire.
In all honesty anyone, resident or burglar, can get out of a ground floor window!
We have alarms on all downstairs external doors now so perhaps I'll lock the doors, put the alarm on and leave the key in the door from now on. Even though it goes against my instincts!
bowlingbun wrote:
Sat Mar 09, 2019 10:33 am
Only an idiot would NOT lock the doors at night!

Whether to leave the key in or out is a different issue, there are advantages and disadvantages.
If out, then it needs to be easily accessible in case of fire.
In all honesty anyone, resident or burglar, can get out of a ground floor window!
Take them out, because an intruder isn't going to worry about a window (which at least makes noise) when they can simply pop their arm down the hole in the front door to reach the lock. Also your insurance might have something to say about it if they can prove the keys were in the lock.

While I think the SW had a point, they jumped on the DoL's bandwagon without considering "best interests"
Ooooh I hadn't thought what the insurance company might say about it... I must check my policy!
Cheechee,
It's common sense not to leave doors unlocked or keys in locks, plus the police advise it.
https://www.scotland.police.uk/keep-saf ... -your-home

What basic steps can I take to protect my home?

First, think about basic good housekeeping routines that aren’t expensive.

Many thieves are actually opportunists who do not have to break in at allbecause a door or window has been left open or unlocked. Keep your home securely locked at all times.
Don’t leave keys on the inside of door locks, under mats or anywhere else an intruder may easily find them.

Don't put your name or room number on your keyring if you live in shared accommodation. If it is lost or stolen, the thief will have information that could direct them to your home and your property.
Don’t keep house keys and car keys on the same key ring.
Avoid keeping large amounts of cash in the house. If you must then disperse it in various locations.
Security mark your property with a UV marker pen. You can use this pen to place an invisible imprint of your postcode and house number on your possessions....
In future, just be careful to say you keep the doors and windows locked and keys put away to prevent crime (and leave out the bit about hubby.) DOLS is a good thing in that it should prevent people being locked in/ restrained/detained without proper safeguards in place, but unfortunately sometimes common sense doesn't prevail. I bet the social worker locks his/her doors at night! We don't have Yale locks and I keep our doors locked ever since an intruder snuck in the backdoor and stole my handbag!

Melly1