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Deprivation of liberty applications in the Court of Protection up 27% on same time last year

28/9/2018

There were 1,166 applications relating to deprivation of liberty in April to June 2018, up 27% on the equivalent quarter in 2017 according to the latest Family Court Statistics bulletin published on 27th September.

This rise is in comparison with a 19% drop in the number of deprivation of liberty orders made over the same period.

Other insights arising from the latest figures are that:

there were 7,414 applications made under the MCA, down 3% on the equivalent quarter in 2017 (7,623 applications). 48% of these related to applications for appointment of a property and affairs deputy
in comparison, there were 9,050 orders made under the MCA, down 11% on the same quarter in 2017. 34% of the orders related to the appointment of a deputy for property and affairs
197,836 LPAs were received up 2%, a slowing of the rapid increase in such applications following the launch of the online application service in 2015
2,423 EPAs were received down 18%

The full report can be found on the Gov.uk website.

Law Society: Mental Capacity (Amendment) Bill 2018 ‘not fit for purpose’

7/9/2018

The Law Society has issued a rather damning briefing on the Mental Capacity (Amendment) Bill 2018 that this week moved to a Lords committee stage.

While agreeing that simplification is needed and acknowledging that there are resource constraints, these constraints are “insufficient justification for not implementing fully the safeguards recommended by the Law Commission.”

The Briefing sets out six recommendations for change, what the authors feel should be the principles underpinning the new framework and why they are concerned that the Bill does not meet those principles as it includes:

"an already overly complex scheme being further complicated by a replacement scheme which instead of placing the cared-for person at the centre of the process, significantly dilutes and even removes the existing protections for them
the risk of increased burdens on local authorities who will bear ultimate responsibility for mistakes and poor implementation rather than building on the learning from the problems with DoLS and retaining those elements that have been effective whilst removing those which are unnecessary and bureaucratic
the cared-for person will not be at the centre of the process but side-lined with decisions being made without proper or even basic protections
the removal of the invaluable role of Best Interests Assessors and Relevant Person’s Representatives would leave vulnerable people without protection from unnecessary detention."

The full briefing is available on the Law Society website.

You can stay up to date with progress of the Bill, and read the latest version, on the Parliament website.

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Deprivation of liberty applications in the Court of Protection up 27% on same time last year

Law Society: Mental Capacity (Amendment) Bill 2018 ‘not fit for purpose’

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Deprivation of liberty applications in the Court of Protection up 27% on same time last year

Law Society: Mental Capacity (Amendment) Bill 2018 ‘not fit for purpose’

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