The latest Family Courts Statistics Bulletin shows that DoLS related court business is still growing. Between April and June 2019 there were 1,372 applications relating to deprivation of liberty up 18% on the number made in the same quarter last year, while the number of DoLS orders made increased by 17% to 651.
The Bulletin also shows that 8,110 applications were made under the Mental Capacity Act 2005 (MCA), up 9% on the equivalent quarter in 2018, 44% of which were applications for appointment of a property and affairs deputy. 11,814 orders were made under the MCA, 31% up on the same quarter in 2018. The authors of the Bulletin attribute this rise to a 72% increase in orders by an existing deputy or registered attorney. These account for 36% of all orders made under the MCA.
In total there were 225,289 Powers of Attorney (POA) received in April to June 2019, up 12% on the same quarter for 2018 with LPAs accounting for 99% of them.
The full Bulletin can be read on the MoJ website.
Sarah Castle has been appointed to the role of Official Solicitor and Public Trustee.
Sarah has more than 20 years’ experience working in legal services and handling child protection issues for local government in Kent and Berkshire. She will be joining OSPT from a role at Reading Borough Council. She will take up this post from 4 July 2019.
Liberty Protection Safeguards (LPS) to replace Deprivation of Liberty Safeguards (DoLs): Royal Assent now received.
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.
Stay up to date with changes to policy and procedure.
Also of interest - just published
Get the latest cases & news delivered to your inbox with our free email updates.