01 Apr 2009

A number of important developments are taking place from 1 April 2009

The Deprivation of Liberty Safeguards (DOLS) are launched

DOLS – the new provisions to safeguard people living in hospitals or care homes came into force on 1 April 2009. More information is available from link to external website Department of Health website. You can also find the forms and guidance on the link to external website HMCS website (under the option 'work type' select Court of Protection).

The Court of Protection transfers to the HMCS

Today is a major milestone in the relationship of the Court of Protection (CoP) and OPG as the CoP administration transfers to become part of Her Majesty’s Court Service. Although the CoP will be joining the Royal Courts of Justice Group the staff and operations will remain in Archway Tower for some time yet, until HMCS estates plans in London develop.

Over the coming few months the Court of Protection forms, guidance and practice directions will move to the HMCS and DirectGov websites, although the OPG website will continue to provide signposts to this information.

New Supervision level introduced

From 1 April 2009 there will be a change to the supervision levels applied to Property and Affairs Deputyships, with the introduction of a new intermediate level of supervision, Type 2A.

Following the recent ‘Reviewing the Mental Capacity Act 2005: forms, supervision and fees’ public consultation and the responses we received we are introducing a new type 2A supervision level on 1 April.

This is because experience since the implementation of the Mental Capacity Act has shown us that there is often insufficient information at the start of a deputyship to make an informed decision about the appropriate level of supervision.

This new level will provide more flexible protection and support and offer a more robust approach. More guidance on the new and existing supervision levels can be found in the booklet OPG507 A guide to supervsion of deputies in the Guidance booklets section of our website.

New Fees introduced

Our new fees structure comes in to force today (1 April), this will include the new reduced fee for the registration of LPAs (£120.00) and the fee for the new type 2A supervision level (£350.00)

More details on the new fees can be found on the Fees section of our website.

If you have any questions regarding these important developments please contact our customer services team.

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