Please can you provide the following figures and/or data for the last three years (broken down into annual figures)
By way of clarification for the answers below Devon County Council has a Deputyship Team who make their own applications for uncontested Deputyship Orders and the Office of the County Solicitor which deals with all welfare and deprivation of liberty matters, as well as contested Deputyship applications.
We have noted your request for a breakdown for annual figures. However, you will note that many of the totals for the last three years are low. To provide an annual breakdown of even lower figures on annual basis would create the risk of identifying the individuals concerned and would then be a disclosure of sensitive personal data. This would be unfair to the individuals concerned and a breach of the first data protection principle. This information, and indeed some of the information for the three years, is therefore exempt pursuant to s.40(2) of the Freedom of Information Act 2000.
1. How many applications have you lodged with the Court of Protection requesting the Court to;
a) Decide whether someone has the mental capacity to make a decision for themselves.
County Solicitor – 5
Deputyship Team – 0
b) Appoint deputies to make ongoing decisions for people that lack mental capacity.
County Solicitor – 0
Deputyship team – 209
c) Give permission to make one off decisions on behalf of someone else who lacks mental capacity.
County Solicitor – 5
Deputyship Team – 0
d) Make an urgent decision on behalf of someone without delay
County Solicitor – This information is exempt pursuant to s.40(2), please see our note above.
Deputyship Team – 0
e) Make a decision about a lasting power of attorney or enjoining power of attorney in considering any objection to their registration.
County Solicitor – 0
Deputyship Team – It is estimated that it will take longer than 18 hours to review the files, including the 209 matters referred to above, to obtain this information. On the basis of 15 minutes per file, this would take 52 hours. This information is therefore exempt pursuant to s.12 of the Freedom of Information Act 2000.
f) Make statutory wills or gifts
No such applications were made
g) Make decisions about when someone can be deprived of their liberty under the mental capacity act.
County Solicitor – 28
Deputyship Team – 0
2. Further to question one, please can you advise on the number and/ proportion of contested applications in respect of each type of matter.
a) Decide whether someone has the mental capacity to make a decision for themselves.
Contested = 5
b) Appoint deputies to make ongoing decisions for people that lack mental capacity.
Contested = This information is exempt pursuant to s.40(2), please see our note above.
c) Give permission to make one off decisions on behalf of someone else who lacks mental capacity.
Contested = 5
d) Make an urgent decision on behalf of someone without delay
Contested = This information is exempt pursuant to s.40(2), please see our note above.
e) Make a decision about a lasting power of attorney or enduring power of attorney in considering any objection to their registration.
Please see our response to question 1(e) above.
f) Make statutory wills or gifts
No such applications were made
g) Make decision about when someone can be deprived of their liberty under the mental capacity act.
Contested = This information is exempt pursuant to s.40(2), please see our note above.
3. Can you confirm the number of cases in which the Local Authority –
a) Undertook the work in house
All such cases referred to above.
b) Instruct external solicitors
None.
4. Can you confirm the number of cases:
a) In which P was invited to join the proceedings
10
b) In which P was legally represented within those proceedings.
9