Dorothy* is an 82 year old lady suffering from Dementia and living in a care home, she has stated numerous times that she wants to go home. Dorothy’s daughter is acting as her Relevant Person Representative.

How we helped

An Independent Mental Capacity Advocate (IMCA) requested a review of the Deprivation of Liberty Safeguards (DoLS) authorisation. This was because Dorothy was being deprived of her liberty by being under constant supervision and being unable to leave the care home.

A Best Interest Assessor (BIA) visited and determined the placement was in Dorothy’s best interests. The IMCA then contacted a solicitor who instigated a 21A Court of Protection challenge.

When it went before the judge, the judge gave a court order to investigate if Dorothy’s home was still available and asked for an alternative placement or a move downstairs in her current care home. This would allow freedom of movement, access to the smoking area and the garden and greatly improve Dorothy’s outlook.

When the IMCA visited shortly after they discovered Dorothy was much happier and no longer requesting to leave.

During the second court hearing it was discovered that Dorothy’s house had been sold. The judge issued another order that one to one support be put in place in order for Dorothy to access the community three times a week as a trial for three months.

After this time another Mental Health and Mental Capacity Assessment should be completed to assess the impact of accessing the community.


Improved Health and Wellbeing - Moving downstairs gave Dorothy more freedom of movement. She could access the secure garden when she liked. Accessing the community would lessen the restrictions posed on Dorothy thus relieving her of any boredom she may be experiencing.
Freedom from discrimination - Despite professionals believing that being confined to a care home was in her best interests, the IMCA challenged this and acted on Dorothy’s views and wishes.
Improved quality of life - Dorothy now has freedom of movement both within the care home environment and in the community and no longer asks to go home.

*Names have been changed to protect the identity of the people we support