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
The number of deprivation of liberty applications and orders made continues to rise according to the latest official Family Court statistics.
The statistics show that 1,077 applications were made between July and September this year, up 38% on the number made in the same period in 2016. The number of orders made rose over 57% from 362 to 569 respectively.
There were 8,049 applications made under the Mental Capacity Act 2005 (MCA), up 4% on the equivalent quarter in 2016 (7,762 applications), of which nearly half were for appointment of a property and affairs deputy.
The continued growth in LPAs also shows no sign of abating, with 193,285 received in July to September 2017, up 32%.
The full set of statistics together with supporting tables can be found on the Gov.uk statistics page.
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