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.
The NHS published it’s annual report on DoLS application last week with the figures showing a slower increase (4.7%) than the previous year. The data were provided by the 152 Councils with Adult Social Services Responsibility (CASSRs) during spring 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:
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.
Mr Justice Hayden has been appointed as Vice-President of the Court of Protection by the Lord Chief Justice, Lord Burnett of Maldon, following consultation with the Lord Chancellor. The appointment took effect on 31 July 2018.
The Hon Mr Justice Hayden was called to the Bar (Middle Temple) in 1987 and took Silk in 2002. He was appointed a Recorder in 2000 and a High Court Judge (Family Division) in 2013. He sits as a Judge of the Administrative Court and was appointed as Family Division Liaison Judge for the Northern Circuit in 2017.
Stay up to date with changes to policy and procedure.
Also of interest - just published
Get the latest cases & news delivered to your inbox with our free email updates.