Latest statistics show 50% annual increase in orders made under the Mental Capacity Act [2005].

The Family Court statistics bulletin relating to the final quarter of 2017 has been published, providing an overview and insight into the data relating to Court of Protection applications and orders for the year.

The latest report published by the Ministry of Justice show that the number of orders made under the Mental Capacity Act (MCA) continued to rise significantly in the last year, with a staggering 38,945 orders being made in 2017. This is an increase of almost 50% on the number of orders made in 2016. It is noted, however, that much of this increase can be attributed to the clearance of a number of preexisting and outstanding cases during the first quarter of 2017.

Around 40% of the orders made under the MCA in 2017 related to the appointment of a Deputy for property and financial affairs, continuing the consistent increase since 2009. Please see the below table for a complete breakdown of all orders made under the MCA in 2017.

 

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The upward trend relating to numbers of Deprivation of Liberty (DoLS) applications also continued in 2017. There were 3,995 DoLS applications made throughout the year, a 27% increase on 2016, showing the continued increase in awareness of DoLS and the increased impetus to have deprivations authorised. The numbers of DoLS orders made in 2017 also rose by 81%, which (when compared with the 27% increase in applications) evidences the delay between application and order.

There was a continued increase in the numbers of Lasting Powers of Attorney (LPAs) received in 2017; LPAs received rose by 28% between 2016 and 2017, with over 180,000 LPAs being registered in the final quarter of the year alone. This increase is a continuation of the upward trend seen since 2015, likely due to the ease of online forms and increased publicity and media coverage of Powers of Attorney. The long-term downward trend relating to the number of Enduring Powers of Attorney (EPAs) continued, with a 7% annual decrease in EPAs received in 2017.

The full report can be found here.

If you have any questions about the above, please feel free to contact Ethan Bradley at ethan.bradley@clarionsolicitors.com.

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