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.
1,126 applications relating to deprivation of liberty were between July and September 2018, up 5% on the number made in the same quarter last year. However, orders made decreased by 7% over the same period, from 569 to 610 respectively.
Alongside those proceedings, 7,900 applications were made under the Mental Capacity Act 2005 (MCA), down 2%, 53% of which related to applications for appointment of a property and affairs deputy. In comparison, there were 9,148 orders made under the MCA, 9% down, 33% of which related to the appointment of a deputy for property and affairs.
As for LPAs, 201,753 were received, up 4%. The rate of increase is now leveling off after the explosion of applications following the introduction of online applications in 2015. There were 2,480 Enduring Powers of Attorney (EPAs) in July to September 2018, down 11% on the equivalent quarter in 2017.
The full report and accompanying table can be found here.
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 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.
The Ministry of Justice has announced the launch of its refund scheme for people who paid power of attorney registration fees between 1 st April 2013 and 31 st March 2017.
The move is necessary because, in the MoJ's words,
“During this period, the Office of the Public Guardian’s (OPG) operating costs came down as more people applied to register a power of attorney and the process became more efficient, but the application fee charged was not reduced in line with this.”
The refunds can be claimed online at a dedicated website and apply to any lasting powers of attorney (LPA) and enduring powers of attorney (EPA) made in England and Wales.
The amount of the refund depends on when the fees were paid as follows:.
Interest can be claimed added at 0.5%
Claims for a refund can be lodged by:
To find out more visit the website: https://www.gov.uk/power-of-attorney-refund
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