There is no statutory or common-law power to detain a patient in a Healthcare Facility outside of the application of the Mental Health Act 2001. This presents certain legal, ethical and moral dilemmas for Healthcare Providers when caring for a person who lacks capacity wishing to self - discharge. The requirement to provide for a ‘safe discharge’ may clash where appropriate community supports are lacking. In Ireland, approximately 4.5% of older people live in a congregated setting or residential care settings. This is approximately 40% higher than the current European average.
In 2017 Home Care Services accounted for €376 million of Healthcare expenditure. 19,807 people were in receipt of a home care package and 46,243 of home help hours (D’Alton et al, 2018).According to Care Alliance Ireland, an additional an additional four million hours of homecare needs to be provided to cope with ageing demographics, at a cost of €110 million (Cullen.P.2018).
Pending advancement of the Assisted Decision Making (Capacity) Act 2015 which provides a statutory framework for individuals to make legally-binding agreements to be assisted and supported in making decisions about their welfare, their property and affairs we are currently acting under the Lunacy Regulations (1871). From 2012 to 2015 there was a 36% increase in wardship applications.
I couldn't find much research; most were review papers, but this is by RG members:
Shah, A., Pennington, M., Heginbotham, C., & Donaldson, C. (2011). Deprivation of liberty safeguards in England: implementation costs. The British journal of psychiatry, 199(3), 232-238.
https://www.researchgate.net/publication/51253375
Thanks Mary Yes there are very few articles out there. Good to have this.
There is very useful case law and summaries published by Alex Ruck Kene and colleagues https://www.39essex.com/. They also cite some releveant research findings