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:
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:
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.
The First reading of the Bill, which sets out to amend the Mental Capacity Act 2005 in relation to procedures in accordance with which a person may be deprived of liberty where the person lacks capacity to consent; and for connected purposes, took place on 3 July. The Second reading - the general debate on all aspects of the Bill - is scheduled for 16 July.
Read the full text of the Bill here
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.
The latest Family Court statistics bulletin shows that the Court of Protection’s workload shows no signs of diminishing.
For example, 38,945 orders were made under the MCA last year an increase of nearly 50% on 2016. However, the report authors ascribe some of that increase to a “clearance of outstanding cases during the first quarter of 2017, and volumes have increased generally due to improved recording of orders made by regional courts."
Over a third (40%) of the orders made related to the appointment of a deputy for property and affairs
The number of LPAs received also rose, with 180,210 received in the last quarter of the year up 18% on the equivalent quarter in 2016. Over the entire year, the increase was 28%, though there has been a drop in the two most recent quarters.
There were 2,552 Enduring Powers of Attorney (EPAs) in October to December 2017, down 5% on the same quarter in 2016. Annually, there was also a decrease of 7% in 2017 compared to 2016, continuing the long-term downward trend. The table below illustrates this point.
The full report can be found on the GOV.UK website.
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