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Local authorities and the Court of Protection’s welfare jurisdiction in 2013–14 (£)

Date:24 MAR 2015
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Lucy Series Adam Mercer Katie Mobbs Abigail Walbridge Phil Fennell and Julie Doughty   Centre for Health and Social Care Law Cardiff University

Since the Court of Protection (CoP) was established by the Mental Capacity Act 2005 (MCA) local authorities have increasingly been involved in welfare proceedings relating to their community care and safeguarding functions or their role as supervisory bodies under the MCA deprivation of liberty safeguards (DoLS).

This article reports the findings of a survey of local authorities’ involvement in CoP welfare proceedings during 2013–14. Local authorities in England were on average involved in three welfare cases in that year and several were involved in over 10; use of the CoP’s welfare jurisdiction by Welsh local authorities and local health boards was significantly lower. Almost two-thirds of applications involved a person who was deprived of their liberty and most were made by local authorities themselves....

Read the full article here.