SPOTLIGHT

A zero sum game?

The number of SEND tribunal cases is rising and the proportion of appeals ‘lost’ by local authorities is at a record high. Lottie Winson talks to education lawyers to understand the reasons why, and sets out the results of Local Government Lawyer’s exclusive survey.

Applications for Deprivation of Liberty Safeguards increase 11% in single year

New data published by NHS England has shown there were an estimated 332,455 applications for Deprivation of Liberty Safeguards (DoLS) received during 2023-24 - an increase of 11% similar to the previous year, which is closer to the rate of growth seen before the pandemic.

Between 2014-15 and 2019-20, the average growth rate was 14% each year.

The DoLS are a legal framework applying to individuals who lack the mental capacity to consent to the arrangements for their care.

According to the data, the number of applications completed in 2023-24 was estimated to be 323,870, with the number of completed applications having increased over the last five years by an average of 9% each year.

The reported number of cases that were not completed as at year end was an estimated 123,790, a decrease of 2% from last year.

Looking at the time taken to process applications, the data revealed that the proportion of standard applications completed within the statutory timeframe of 21 days was 19% in 2023-24, which was the same as the previous year.

The average length of time for all completed applications was 144 days, compared to 156 days in the previous year. 

Lottie Winson