The Cambridge team’s findings about the rarity of P initiating reviews is also borne out by the outcome of an FOI request made by Lucy Series to the Health and Social Care Information Centre.  The result of this request can be found on her excellent Small Places  blog.   In summary, in 2012-13 less than 30% of DoLS authorisations involved a Part 8 review. Out of this small proportion:

  • 48% were triggered by the managing authority;
  • 46% by the supervisory body;
  • 4.4% by the RPR; and
  • Only 0.6% by the detained resident him or herself.

The fact that only 5% of authorisations were challenged by someone other than the body doing the authorising or the body being authorised is a matter of some concern. The outcome of those challenges is also unknown and collection of that data would be useful. A comparison with the Mental Health Act 1983 is revealing. Taking 2011-12 as the comparator, only 5.2% of the 6546 DoLS authorisations were challenged by the RPR or P: whereas 52.9% of the 48,631 MHA detentions were challenged