P's litigation friend's case, on behalf of the OS representing P, was that the key decision-maker in respect of P's active participation in the case was the Litigation Friend, often – as here – the OS, with the Court having no or only a residual duty to overrule. In this case, however the precise legal test was formulated, a further question arose, namely, whether or how P should be allowed to participate, whether by attendance or by meeting the Judge, by presence in the court room or via a link, or offering direct oral input into the proceedings.
Read the full text of the judgment on Bailii
The latest annual report from NHS Digital on Deprivation of Liberty Safeguards applications shows that 105,055 applications were completed in England in 2015-16, up from 62,645 in 2014-15. In comparison that figure stood at 13,404 in 2013-14.
Of these completed applications 73% were granted. Although the proportion of applications granted was relatively consistent across most regions, only 44 per cent were granted in the South West, whereas 86 per cent were granted in the North East and London.
The report also shows that the number of applications reported as received was 195,840, the most since the DoLS were introduced in 2009 and representing 454 DoLS applications received per 100,000 adults in England. Again some regional variations were also noted with the North East having almost three times as many received applications (900 per 100,000) compared to London (319).
The full report can be found on the NHS Digital website here.
The OPG has updated its Practice Note 03/2012 relating to surety bond providers for deputies who have been appointed by the Court of Protection to manage the property and affairs of the Patient.
Case Management Pilot PD
Don’t forget that most new cases started in the Court of Protection on or after 1 September 2016 must follow the new Case Management Pilot PD.
Our new book, Court of Protection Made Clear is a plain English guide to Court of Protection procedure and was published in early August. This means that it is fully up to date with the new PD, plus all the other latest developments in the Court of Protection, such as the extended transparency pilot and PD 14E (Pilot) regarding s49 reports.
Written by Claire Wills-Goldingham QC and Marie Leslie of Colleton Chambers and consultant psychiatrist Dr Paul Divall, with the input of Consulting Editor The Honourable Mr Justice Keehan, the book is an invaluable first point of reference for anyone involved in, or advising on, Court of Protection proceedings.
Available in both print and digital formats from only £24.95 you can read more about the book, including the full contents, and order your copy online here.
Or you can call us on 01225 577810 if you want to know more.
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