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Significant Rise in Deprivation of Liberty Applications in the Last Quarter

Deprivation of liberty is a term used in the European Convention on Human Rights regarding circumstances when a person’s freedom is taken away.

A report published on the 27th September, carried out by the Ministry of Justice presents the latest statistics on type and volume of cases that are received and processed through the family court system of England and Wales in the second quarter of 2018, April to June.

According to the Family Court Statistics bulletin, “there continued to be an increasing trend in applications made in relation to deprivation of liberty but a decrease in the number of orders made”.

There were 1,166 applications that related to deprivation of liberty in this second quarter, an increase of 27% since April to June 2017. To compare, deprivation of liberty orders were down 19% over the same period, from 689 to 558.

​In April to June 2018, 7,414 applications were made under the Mental Capacity Act 2005, which is down 3% on the equivalent quarter in 2017, in which there was a total of 7,623 applications. 48% of these related to applications for appointment of a property and affairs deputy.

To compare, there were 9,050 orders made under the Mental Capacity Act 2005, 11% less than the same quarter in 2017, and 34% of the orders related to the appointment of a deputy for property and affairs.

The increasing trend in Lasting Powers of Attorney is slowing down; in April to June 2018, there were 197,836 Lasting Powers of Attorney received, which is up 2% from the equivalent quarter in 2017. There were also 2,423 Enduring Powers of Attorney in April to June 2018, which is down 18% on the equivalent quarter in 2017.

You can read the full report here.


Contents of this article are intended for general information purposes only and shall not be deemed to be, or constitute professional or legal advice.  Invicta Law cannot accept responsibility for any loss as a result of acts or omissions taken in respect of this article.


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