A DOCTOR has warned about new mental health laws after both of his elderly parents were detained in care homes against his wishes.

Retired GP Dr Mike Adam from Lepton says his father Ian Adam, 87 and mother Joan Adam, 86, have both had their freedom taken away.

The couple, who both suffer from dementia, have both been subjected to Deprivation of Liberty orders (DOL) by Kirklees Council social workers.

DOLs are used by local authorities, care homes and hospitals to restrict the freedom of people who lack the ability to make key decisions about their lives.

Dr Adam says his father was kept in a home against his wishes by Kirklees social workers and then about a year later his mother had to stay in another home.

The former Waterloo practice GP said he was willing to organise private care for his father but Kirklees refused to let him.

He says he was then denied the chance to attend key meetings where his father’s future was decided.

He said: “Kirklees disagreed with my care plan and slammed on the DOL to stop me taking him home.

“I wasn’t given any information about the DOL process or how to appeal against it.

“I sought legal advice but they knew nothing about this legislation and I was referred to a specialist firm.

“The process of negotiating a care package plan cost my parents £6,000 in legal fees.”

Dr Adam said the impact of the DOL on his father had left his mother, whose own mental health was deteriorating, in turmoil.

But just a year later she too had a DOL imposed on her by Kirklees.

He said: “When my father was admitted my mother was absolutely devastated.

“She was bereft – she’d had her husband taken away.

“She was left at home with a private carer for over a year.

“Initially she did very well but the situation deteriorated and she ended up being at home on her own.

“She lost weight and wasn’t looking after herself.

“After a lot of to-ing and fro-ing she was talked into going to Tolson Grange to look round the home.

“The manager was then instructed by social services to apply for a DOL.”

Dr Adam says his mother was then encouraged to appeal the DOL, even though she had no chance of success.

He said: “She was referred, not at my instigation, to a solicitors in Wakefield and they took a statement.

“She went to court and was allowed £11,000 of public money for her legal costs.

“But she failed and the judgment against her gave Kirklees costs.

“She’s still awaiting the bill for Kirklees costs, which are likely to be five figures.

“She has been encouraged to go along an appeal process when she doesn’t have the capacity to make the decision to go to court and also not knowing she might be liable for costs at the time.”

Dr Adam said he had great concern about the motives of DOL legislation and the ways local authorities were using them.

He said: “With the number of people suffering from Alzheimers and other dementias rising considerably, there is this draconian piece of legislation which enables local authorities to ride roughshod over the wishes of relatives and pursue their own decisions regardless of what the family think.

“Your route for appealing is cost free but should you fail you’re going to get costs against you. So basically, any elderly person with a limited income, and there’s a lot of those about, have no chance.”

Dr Adam says the mental health act could have been used on his parents instead of the little understood Deprivation of Liberty order.

He said: “If you are sectioned under the Mental Health Care Act you are under the care of the NHS, so the care is funded.

“If you are deprived of your liberty, the care isn’t funded.

“Between the two of my parents, they pay £5,700 per month from their estate for their care.

“That raises a real question as to what’s the real purpose of this.

“Is it about knowing there’s increasing financial liability with the elderly in the future?

“Is it just a cynical exercise in containing costs?

“It seems the NHS is not a cradle to grave service anymore, very subtly the goalposts are being moved.

“You can apply the Mental Health Care Act if someone has schizophrenia or are in imminent danger of killing themselves from depression.

“But if you have dementia you’re not considered to be mentally ill.

“To me as a doctor, I think that’s incredible – you’re now moving the goal posts so now the NHS doesn’t have any responsibility for those who have half their brain missing.”

Figures published by Kirklees Council following a Freedom of Information Act request by Dr Adam, show it has requested more than 160 DOLs in the last four years but less than half were authorised (66).

Kirklees Council said it was inappropriate to comment on the cases as Dr Adam had a pending complaint against it with the Health Ombudsman.

A spokeswoman from South West Yorkshire Partnership NHS Foundation Trust said: “Local health services work hard to support families and all decisions take account of the clinical needs of individuals and their particular circumstances.

“We work jointly with our partners and people's health and wellbeing is our primary concern.”

DEPRIVATION of Liberty orders (DOL) were brought into English and Welsh law in 2008 and apply to people over the age of 18 who are in care homes or hospitals.

DOLs were brought in as a provision within the Mental Capacity Act and are used by local authorities, care homes and hospitals to restrict the freedom of people who lack the ability to make key decisions about their lives.

They are imposed by Kirklees Council in co-operation with South West Yorkshire Partnership Foundation Health Trust, who run mental health services in Huddersfield.