Ombudsman urges council to take action to tackle high numbers of people waiting for MCA assessments and DoLS applications

As result, the council has been urged to take action.

The woman behind the original complaint complained that the council delayed completing Mental Capacity Act assessments to decide if a Deprivation of Liberty Safeguard was required for her son, Mr Y.

Mrs X said Mr Y may have been illegally deprived of his liberty since he turned 18. Mrs X said this caused her significant distress.

The Ombudsman's report noted that the council assessed Mr Y’s needs in October 2023, just after his 18th birthday. The assessment noted that the care and support plan constituted a deprivation of liberty.

The council confirmed it would complete a mental capacity assessment, however, it did not complete the capacity assessment for care and support until April 2025, an 18-month delay.

The Ombudsman said: “This delay is fault. This frustrated and distressed Mrs X. Mr Y was deprived of his liberty during this time. However, this did not alter the support he received. Mrs X and the council confirmed this was in his best interests and the least restrictive option.”

Meanwhile, the Ombudsman found that the council could not provide evidence of a visit it said it completed in January 2024 – observing that recording is an “integral and important” part of social care.

The report added: “The council reported the measures in place during the delay, depriving Mr Y of his liberty, were proportionate and least restrictive. However, the council should still complete the assessment within a reasonable time.

“It should then follow the correct legal procedure to ensure all actions to restrict Mr Y were done legally. It has not done this. This is fault. This frustrated and distressed Mrs X. Mr Y has been deprived of the legal safeguards and rights associated with COMDOLS. Mrs X applies the restrictions daily and has done so without the reassurance COMDOLS would provide.”

The Ombudsman observed that some people in the authority may be unnecessarily deprived of their liberty or could be subject to less restrictive arrangements if the necessary safeguards and assessments were completed.

In the process of investigating Mrs X’s complaint, the Ombudsman found that in June 2025, the local authority had 382 outstanding Mental Capacity Act assessments and 404 outstanding DOLS applications.

The report warned: “Others may be left vulnerable if they do not have the capacity to make significant decisions about their lives and circumstances because the council has not completed an MCA. If a person lacks the capacity to make a particular decision, measures need to be put into place to ensure any decision is made in their best interests. Delays leave those individuals vulnerable to poor or inappropriate decisions being made by them or on their behalf. The potential injustice in such circumstances could be significant.”

To remedy the injustice caused to Mrs X and Mr Y, the Ombudsman recommended the following actions:

• apologise to Mr Y and Mrs X for the distress and frustration of not completing the actions it should have to legally deprive Mr Y of his liberty;
• complete the COMDOLS work for Mr Y. If the council concludes less restrictive options are needed, it should consider making a payment to Mr Y;
• pay Mrs X £500 to recognise the distress, frustration and uncertainty caused by the 18-month delay completing the mental capacity assessment and applying for a legal COMDOLS;
• remind relevant staff on the importance of effective case recording;
• create an action plan to reduce the high numbers waiting for a Mental Capacity assessment and DOLS applications;
• refer this decision and action plan to the Cabinet Member for Adult Social Care and the scrutiny committee. The council should provide an update to the committee after six months on the progress of the action plans.

According to the report, the council has agreed to the recommendations.

Cllr Marie Finn, Cabinet Member for Adults & Health at Southampton City Council, said: “On behalf of Southampton City Council, I acknowledge the outcome of the report by the Local Government and Social Care Ombudsman.  We have apologised to the family involved for the distress caused during the delay and continue to support them through the application process, and review needs regularly with the family.  We are working with our colleagues across health and provider services.

“Our adult social care team has carefully reviewed the report and, as a result, there is a strong action plan in place that addresses the actions and recommendations made by the Local Government and Social Care Ombudsman. The action plan will be monitored by the Health Overview and Scrutiny Panel on a six-month basis.  All staff attend Mental Capacity Training and have been reminded about the importance of completing a Mental Capacity Assessment at the earliest opportunity.

“The health and wellbeing of the people we support is important to us, so we continue to review our processes and procedures at regular intervals so that people receive accurate and timely information and these processes take into account the individual needs of our diverse communities.”

Lottie Winson