Local authorities and the Court of Protection’s welfare jurisdiction in 2013–14 (£)
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
We raise concerns about the low number of DoLS cases. Local authorities’ estimates of the cost and duration of CoP welfare proceedings reinforce recent concerns about cost and delay. We discuss the implications of these findings in light of the recent Supreme Court ruling in
The full version of this article appears in issue 1 of 2015 of Elder Law Journal.|
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