Kings Chambers are kindly hosting a launch party on 11th December to celebrate the publication of our latest book Clinical Negligence Made Clear by their Head of Chambers, Nigel Poole QC, which we think is an immensely useful book for Court of Protection practitioners. The event will be at their Manchester chambers in Young Street and kicks off at 5pm.
We would love to meet some our regular readers there so if you are in the area and would like to join us and the Kings Chambers team, email firstname.lastname@example.org.
Of course, if you cannot make it you can still buy the book here.
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.
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