Scotland and Northern Ireland
The Court of Protection and the figures on this page cover England and Wales only. Scotland has no Court of Protection; decisions for adults who lack capacity are handled under the Adults with Incapacity (Scotland) Act 2000, through the sheriff courts and the Office of the Public Guardian (Scotland). Northern Ireland has its own framework under the Mental Capacity Act (Northern Ireland) 2016. Because the systems and statistics differ, the England and Wales totals should not be read as UK-wide, and anyone in Scotland or Northern Ireland can check the position with the relevant body for their nation.
Sources and methodology
Every statistic on this page is drawn from the Ministry of Justice's Family Court Statistics Quarterly, published on gov.uk, which includes the Court of Protection tables for England and Wales. We have not estimated, rounded or extrapolated beyond what the sources state; where a figure is not published, we have said so, and quarterly figures are cited to their own bulletins rather than summed.
- 2025 orders, latest-quarter applications and orders, and deprivation of liberty totals: Family Court Statistics Quarterly, October to December 2025, gov.uk, reference period full year 2025 and the October to December 2025 quarter.
- 2024 orders total and data-system caveat: Family Court Statistics Quarterly, October to December 2024, gov.uk, reference period full year 2024.
- Quarterly applications and orders through 2025: Jan to Mar 2025, Apr to Jun 2025 and Jul to Sep 2025 (all Family Court Statistics Quarterly, gov.uk).
- What the Court of Protection is and does: gov.uk, Court of Protection, as at July 2026.
The Ministry of Justice notes that Court of Protection figures were reintroduced after a change of data system in July 2024, and that comparisons with data before the third quarter of 2024 are not recommended. All figures are official statistics and may be revised in later releases.
Frequently asked questions
How many cases does the Court of Protection deal with?
The Court of Protection made 56,832 orders under the Mental Capacity Act 2005 in England and Wales during 2025, up from 50,418 in 2024 (Family Court Statistics Quarterly, gov.uk). Orders count court decisions rather than people, and one case can generate several orders, so this is a measure of activity rather than of individuals.
Where do Court of Protection statistics come from?
They are published by the Ministry of Justice within the Family Court Statistics Quarterly, which includes dedicated Court of Protection tables for England and Wales (gov.uk, as at the Oct to Dec 2025 release). The figures are official statistics, released quarterly and subject to revision as the underlying case data is updated.
Is the Court of Protection caseload rising?
The published figures point that way. Orders rose from 50,418 in 2024 to 56,832 in 2025, and applications in the latest quarter were up about 12% year on year (Family Court Statistics Quarterly, gov.uk). The data shows the trend but not the cause, so any explanation, such as an ageing population, is interpretation.
What is the biggest type of Court of Protection order?
In 2025 the largest single category was deprivation of liberty, at about 40% of the 56,832 orders made, with 22,873 such orders that year (Family Court Statistics Quarterly, gov.uk). In 2024 the largest share had been orders appointing a property and affairs deputy, at about 25% of orders.
Do these figures cover the whole UK?
No. The Court of Protection and these statistics relate to England and Wales only. Scotland handles such matters under the Adults with Incapacity (Scotland) Act 2000 through the sheriff courts and the Office of the Public Guardian (Scotland), and Northern Ireland has its own framework (gov.uk, as at July 2026). The totals here should not be read as UK-wide.
Can planning ahead avoid a Court of Protection application?
Often, yes. Where someone has made and registered a lasting power of attorney while they had capacity, an attorney can usually act without a Court of Protection deputyship application (gov.uk, as at July 2026). Many people choose to put an LPA in place for this reason, though whether it suits any given situation is worth discussing with a qualified professional.
About Fairchild Oldfield
The Fairchild Oldfield team brings together estate planning, tax, independent financial advice and client care, working with families across England and Wales.
Fairchild Oldfield are estate planning specialists and will writers, not a firm of solicitors. This article is general information based on practical experience and published official statistics, not legal, tax or financial advice.
Important: This article is general information only and is not legal, tax or financial advice. Reading it does not create a professional relationship. It is based on the law of England and Wales, and other UK jurisdictions may differ. Statistics are reproduced from named official sources at the reference periods shown and may be revised; figures are current as at July 2026 and are subject to change. Before acting, many people choose to seek advice from a suitably qualified professional, such as a solicitor, a STEP practitioner, or an FCA-authorised financial adviser, who can consider their individual circumstances.