§ Mr. William Clarkasked the Attorney-General what were (a) the number of new cases that were dealt with by the Court 602W of Protection in 1973, (b) the total number of cases on the books of the court as at 31st December 1973, and (c) the estimate of the total number of persons in England and Wales who on 31st December 1973 were incapable of managing their own property by reason of mental disorder.
The Attorney-GeneralThe information is as follows:
- (a) There were 3,465 new cases dealt with by the Court of Protection in 1973.
- (b) The total number of live cases being administered by the court as at 31st December 1973 was 20,172; in addition, there were some 3,500 cases where the patient had died but the proceedings had not been wound up.
- (c) It is impossible to estimate reliably the total number of persons suffering from mental disorder in England and Wales, and it would similarly be impossible to estimate how many of those who are mentally disordered are incapable of managing their own property.
§ Mr. William Clarkasked the Attorney-General what were the total receipts of the Court of Protection for the year 1973, divided between the "percentage" fee charged by the court on the incomes of those within its jurisdiction and other court fees.
The Attorney-GeneralThe total receipts of the Court of Protection for 1973 were as follows:
£ Percentage 279,198 Personal Application Branch Fees 9,528 Fees on Orders, Certificates and Authorities 20,569 309,295
§ Mr. William Clarkasked the Attorney-General if he will give the amounts of those "percentage" fees that were remitted by the Court of Protection between 1st January and 31st December 1973, and those where payment was postponed; and whether the court seeks to recover interest in addition when payment is postponed.
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The Attorney-GeneralSeparate statistics are not kept either of remittance or of postponements. It would involve a disproportionate amount of work to extract them. No interest is charged where percentage is postponed and subsequently collected.
§ Mr. William Clarkasked the Attorney-General what was the amount of operating costs of the Court of Protection for the year 1973.
The Attorney-GeneralExact figures are not separately available for the Court of Protection but the operating costs for the year in question were of the order of £710,000.
§ Mr. William Clarkasked the Attorney-General if he will list the staff of the Court of Protection with reference, where appropriate, to their Civil Service grad-ings (a) as at 1st January 1973, (b) as at 31st December 1973, and (c) at the most recent convenient date; and how many of those employed by the court at each of these dates held professional qualifications.
The Attorney-GeneralThe staff of the Court of Protection as at the dates requested was as follows:
1st January 1973 1 Master. 1 Deputy Master. 4 Assistant Masters. 1 Chief Clerk. 5 Principal Clerks. 20 First-Class Clerks. 51 Second-Class Clerks. 50 Third-Class Clerks. 10 Clerical Assistants. 1 Personal Secretary. 2 Supernumerary Executive Officers under training. 146 604W
31st December 1973 1 Master. 1 Deputy Master. 4 Assistant Masters. 2 Principals. 12 Senior Executive Officers. 24 Higher Executive Officers. 49 Executive Officers. 50 Clerical Officers. 4 Clerical Assistants. 147
10th November1974 1 Master. 1 Deputy Master. 4 Assistant Masters. 2 Principals. 12 Senior Executive Officers. 26 High Executive Officers. 51 Executive Officers. 54 Clerical Officers. 7 Clerical Assistants. 158 Professional qualifications: The Master is a barrister, the Deputy Master is a solicitor; these are the only two members of the staff of the court with professional qualifications, although seven of the staff have law degrees.
§ Mr. William Clarkasked the Attorney-General what was the total number of receivers appointed by the Court of Protection who were in office at the 31st December 1973; and how many of such receivers had been seen by the court before they were appointed.
The Attorney-GeneralThe total number of receivers appointed by the Court of Protection who were in office on 31st December 1973, excluding cases in which the Official Solicitor or local government officers were appointed, was approximately 9,000. Precise figures are not available, but it is thought that between 1 per cent. and 2 per cent. of these would have been seen by the Master prior to appointment. Receivers are required to provide references and a fidelity bond before they are appointed.
§ Mr. William Clarkasked the Attorney-General if he will list the judges of the Supreme Court who have been nominated by the Lord Chancellor under Section 100 of the Mental Health Act 1959 for the purposes of Part VIII of that Act; and if he will describe the duties currently being performed by them in relation to the Court of Protection.
The Attorney-GeneralThe Judges of the Supreme Court who have been nominated by the Lord Chancellor under Section 100 of the Mental Health Act 1959 are all the Judges of the Chancery Division. The judges deal with applications referred to them by the Master or Deputy Master under Section 103(1)(d), (dd) and (h) of the Mental Health Act 1959, and also with any other applications 605W which may be referred to them on matters of difficulty or principle. The judges also hear appeals from decisions of the Master, Deputy Master and the Assistant Masters.
§ Mr. William Clarkasked the Attorney-General if he will list the statutory provisions governing the position of someone who, without the sanction of the Court of Protection, administers the property of another who is incapable of so doing on his own account by reason of mental disorder.
The Attorney-GeneralThere are no such statutory provisions, but it is a principle of common law that a person cannot validly administer the property of another who is mentally incapable. There are a number of statutory provisions designed to protect persons who act in ignorance of the mental incapacity, for example Section 5 of the Powers of Attorney Act 1971.