Liberty Protection Safeguards (LPS) to replace Deprivation of Liberty Safeguards (DoLs): Royal Assent now received.
The Mental Capacity (Amendment) Act 2019 has now received Royal Assent and the LPS will replace DoLs, possibly from Spring 2020 (although the 2 regimes are expected to run side by side for up to a year). An LPS Code of Practice is also expected to be published later this year.
The Family Procedure Rules 2010 and Court of Protection Rules 2017 (Amendment) (EU Exit) Regulations 2019
The Government has issued amendment regulations concerning and the impact that leaving the EU will have on the Court of Protection Rules.
The amendments will, in the MoJ's words
"remove provision in the FPR and COPR which relates to powers, processes and orders under EU instruments or international agreements which will no longer be applicable or available when those instruments or agreements are revoked by the Withdrawal Act or the statutory instruments made under it, or in some cases amend such provision where such instruments are retained in an amended form."
The accompanying Explanatory Memorandum provides a useful review of the interconnection between UK rules and EU instruments, though clearly it is still a developing picture.
UPDATE: 11 March 2019
These regulations passed the sift requirements on 5th March. Read the SI as load before Parliament on legislation.gov.uk.
The Ministry of Justice has opened a call for evidence on how it should revise the Mental Capacity Act 2005 Code of Practice.
The Call for Evidence will "seek to establish the extent to which the current Code of Practice reflects changes in case law and lessons learned through practical use of the Code of Practice over the last 11 years."
The consultation takes the form of an online survey with 39 questions presented into sections reflecting the current chapters of the Code. Helpfully you can save your responses and return later to complete the survey. Submissions close on 7th March 2019.
The survey can be accessed on the MoJ website here.
1,126 applications relating to deprivation of liberty were between July and September 2018, up 5% on the number made in the same quarter last year. However, orders made decreased by 7% over the same period, from 569 to 610 respectively.
Alongside those proceedings, 7,900 applications were made under the Mental Capacity Act 2005 (MCA), down 2%, 53% of which related to applications for appointment of a property and affairs deputy. In comparison, there were 9,148 orders made under the MCA, 9% down, 33% of which related to the appointment of a deputy for property and affairs.
As for LPAs, 201,753 were received, up 4%. The rate of increase is now leveling off after the explosion of applications following the introduction of online applications in 2015. There were 2,480 Enduring Powers of Attorney (EPAs) in July to September 2018, down 11% on the equivalent quarter in 2017.
The full report and accompanying table can be found here.
The NHS published it’s annual report on DoLS application last week with the figures showing a slower increase (4.7%) than the previous year. The data were provided by the 152 Councils with Adult Social Services Responsibility (CASSRs) during spring 2018.
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