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To ask the Secretary of State for Justice
(1) how many cases were considered by the Court of Protection in each year since May 2005;
(2) in how many cases the Court of Protection has made a finding of contempt of court in each year since May 2005;
(3) what the cost of representations on behalf of the state in cases coming before the Court of Protection was in each year since May 2005;
(4) what the cost of running the Court of Protection was in each year since May 2005;
(5) what the (a) longest, (b) shortest and (c) average time was for cases coming before the Court of Protection to be heard in each year since May 2005.
The Court of Protection is a unique court dealing with some of the most vulnerable people in society. Its specialist judges are called on to make decisions in cases where there is a concern a person may not have the mental capacity to act in their own interests—for example about their property, financial affairs, healthcare or personal welfare. The Court of Protection is a Superior Court of Record and takes its place with other civil, family and criminal jurisdictions, but is separate from the county court and High Court and has its own set of rules.
From May 2005 to October 2007, the previous Court of Protection was an office of the Supreme Court and like for like figures about the number of cases considered each year are therefore not available. The current Court of Protection came into being on
|Number of applications|
We do not have the data linked to be able to provide accurate information on the duration of cases coming to the Court in its various locations in England and Wales, since October 2007. We are currently scoping how this can be achieved.
The Ministry of Justice does not publish figures for contempt of court offences in the Court of Protection. This specific offence is more detailed than the offence group statistics published in the annual ‘Criminal Justice Statistics’ publication. To collect data on specific cases in the Court would be disproportionately expensive, as it would entail researching each case that had been heard in the Court of Protection throughout England and Wales.
There are occasions where NHS trusts and local authorities are involved in Court of Protection cases. However, the Ministry of Justice does not have any information regarding the costs involved, as collecting it from each NHS trust or local authority would be disproportionately expensive.
When the current Court came into being on
2009-10: £3.9 million
2010-11: £5.0 million
2011-12: £4.4 million
2012-13: £4. l million.
The full cost of running the Court of Protection (including allocated overhead costs) has been calculated as part of the workings for a fees and charges note to the HMCTS Annual Report and Accounts, and the HMCS predecessor reports, since 2009-10. Equivalent data are not available prior to 2009-10.