Increase in Applications and Orders for Deprivation of Liberty under the Mental Capacity Act 2005

The Family Court Statistics Quarterly for Oct-Dec 2023 released figures at the end of March (2024) showing a continued upward trend. This article focuses on these trends and the changes in deprivation of liberty applications and orders for adults under the MCA.

Not everyone who receives serious medical treatment or essential care procedures will be subject to the Court of Protection for adults or the High Court for minors, as most times this is agreed locally, where the person themselves is unable to consent to treatment.

It does reflect, however, how you, as a health or social care professional, must be aware of this obligation. Elsewhere on the website (start here), we have spent considerable time discussing The Mental Capacity Act 2005 (MCA) and how it provides a framework for making decisions on behalf of individuals who lack the capacity to make specific decisions for themselves.

Recent Trends in Deprivation of Liberty Applications and Orders

In the final quarter of 2023, there were 1,569 applications for deprivation of liberty under the MCA, marking a 5% increase compared to the same period in 2022. This steady rise indicates a growing awareness and utilisation of the MCA to protect vulnerable individuals. Orders, which are decisions made by the court following these applications, surged by 70% from 770 in the same quarter of 2022 to 1,311 in the latest quarter. This significant rise reflects the court’s efforts to address backlogs and expedite the processing of cases, but also practitioner’s awareness of how they need to seek advice from outside their organisation.

Annual Overview

Throughout 2023, there were 6,210 applications for deprivation of liberty under the MCA, nearly the same as the 6,265 applications in 2022. However, the number of orders made saw a dramatic increase of 95%, rising from 2,706 in 2022 to 5,276 in 2023. This spike is thought to be linked to the court’s focused efforts to clear existing backlogs.

Source is: Family Court Statistics Quarterly: October to December 2023

Historical Context and Long-term Trends

You can clearly see from the graph above the effects of the Cheshire West & P and Q (MIG and MEG) cases (“an acid test”), which the Supreme Court gave a judgement on, which clarified the definition of deprivation of liberty in 2014. From that point onwards, there has been a noticeable increase in applications. For instance, there were only 15 applications in the first quarter of 2013 compared to a peak of 1,744 applications in the third quarter of 2020. The recent figures for the last quarter of 2023, with 1,569 applications, show this consistent trend towards higher numbers of applications, reflecting ongoing societal and judicial recognition of the need to protect individuals’ rights.

Prediction for 2024

Now using a bit of AI we asked it for some 2024 predictions based on the data from 2019 to 2023. It used a simple linear regression model to predict around 1,702 applications in the final quarter of 2024 and approximately 6,813 total applications for the year. These predictions suggest that the upward trend in applications and orders is likely to continue through this year into the next.

Visualising the Trends

The prediction graph shows a clear upward trend in both quarterly and annual applications for deprivation of liberty under the MCA, but we should stress that this was just us at Clinical Care Holding exploring the use of AI and interpreting data in graphs. Who knows what may happen with a new Government and Parliament sitting? The Mental Capacity Act and proposed Liberty Protection Safeguards may take us all on a different journey.

We will continue to follow how professional practice evolves, and the need for outside specialist knowledge and support is sometimes essential. Staying professionally aware is an important obligation that is sometimes difficult to fulfil in busy work environments. If you feel we can help and support you with our consultancy or training services, please get in touch. You’ll find details and links below. 👇👇