Court of Protection

(asked on 11th September 2023) - View Source

Question to the Ministry of Justice:

To ask the Secretary of State for Justice, how many applications for (a) personal welfare and (b) property and financial affairs deputyships have been made under the Mental Capacity Act 2005 in 2023; and how many of those applications have been approved.


Answered by
Mike Freer Portrait
Mike Freer
This question was answered on 14th September 2023

All deputyship applications are considered by the Court of Protection, which derives its jurisdiction and powers from the Mental Capacity Act 2005. The Court covers England and Wales and deals with a range of applications in addition to deputyship applications.

In the period 1 January to 31 March 2023, 241 personal welfare applications were made of which 2 had received decisions from the Court of Protection as of 31 March. In the same time period, 2,432 property and financial affairs applications were made, of which had 549 received decisions as of 31 March.

When looking at Court of Protection disposal figures, regard should be given to other factors such as whether the application has been made correctly and whether the court has requested further information. The latter point is particularly prevalent in regard to in health and welfare applications, which are by their nature complex. The court will often consider it needs further information before it will make a decision.

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