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Court of Protection applications at record levels but rapid increase in LPAs slowing down

29/6/2018

 
The latest Family Court statistics has revealed that the number of application under the MCA to the Court of Protection are running at record levels. Between January and March 2018, there were 8,089 applications and 10,262 orders made in January to March 2018, up 3% and 15% respectively – the highest quarterly volumes seen since these records began. 

Just under half (48%) related to applications for appointment of a property and affairs deputy. In comparison, there were 10,262 orders made under the MCA, up 15% on the same quarter in 2017. A third (33%) of the orders related to the appointment of a deputy for property and affairs. 

The Bulletin Editors also note the continued increasing trend in applications and orders made in relation to deprivation of liberty There were 1,213 applications relating to deprivation of liberty made in the most recent quarter, up 25% on the number made in January to March 2017. Similarly, orders made for deprivation of liberty increased by 17% over the same period, from 547 to 639 respectively. 

However the rapid growth in the number of LPAs applications received in 2015 and 2016 seems to be abating. In January to March 2018, there were 192,469 LPAs received, up 3% from the equivalent quarter in 2017. EPA applications were also down with 2,540 received, down 25% on the equivalent quarter in 2017. 

The full Bulletin can be read on the Gov.uk website - see ages 12 & 13.

DoLs and LPA applications continue to increase sharply

28/9/2017

 
The numbers of applications for DoLs and LPAs have continued to rise sharply according to the latest court statistics from the Ministry of Justice.

Between April and June 2017, 919 applications relating to deprivation of liberty were made, that's an increase of 24% on the same period in 2016. The number of orders made almost doubled, from 375 to 689 respectively. (see also the graph below)

The figures also show that applications for LPAs continued their upward trend with 194,012 applications received, up 30%. Applications for  Enduring Powers of Attorney (EPAs) though declined, with 2,953 applications received,  down 9%.

MCA applications remained steady with 7,623 applications (compared with 7,616 applications in 2016) but the authors note that the number of orders made increased by over 50% (10,205) driven, they say, by "a clearance of outstanding cases and an increase in the number of cases being dealt with by regional courts."

Further detail is in the Family Court statistics report available on the MoJ website.
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Number of  ​Deprivation of Liberty orders made doubles in past year

18/7/2017

 
The number of orders made for deprivation of liberty has almost doubled over the past year, according to the latest court statistics covering January to March 2017.

547 orders were made in that period compared with 292 for the same quarter in 2016.  Applications were similarly up, rising 43% to 969.

The figures also show that there were 186,169 Lasting Powers of Attorney (LPAs) received, up 31% and 3,399 Enduring Powers of Attorney (EPAs) in January to March 2017, down 3% on the equivalent quarter in 2016.

We have extracted the relevant pages as a pdf that you can download below or read the full Family Court statistics on the HMCTS website. 
Court of Protection statistics: Jan - March 2017
File Size: 112 kb
File Type: pdf
Download File

New case alert:  Re SW [2017] EWCOP 7

17/4/2017

 
​Application for permission to remove transplantable material for the purpose of transplantation. The application was refused.

Read More

SAD & Anor v SED [2017] EWCOP 3

9/2/2017

 
The court concluded that the Respondent Patient lacked capacity to revoke the LPA for property and affairs but that it was not to be reinstated. Instead, a professional deputy with whom the Patient had a good working relationship, was appointed and the court authorised the deputy to sell the Respondent's UK property.

Read the full text of the judgment on Bailii
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