The Regulation Committee Mental Health Guardianship Sub-Committee of Kent County Council met on Wednesday, 11 March 2026. The primary item scheduled for discussion was the Local Authority's Guardianship Register, which details the work of the Guardianship Quality and Scrutiny Panel.

The Local Authority's Guardianship Register

The meeting was scheduled to receive a report on the work of the Guardianship Quality and Scrutiny Panel for the period of January 2025 to December 2025. This panel was established following amendments to the Mental Health Act 1983 in 2007, which introduced a statutory duty for local authorities to review individuals subject to Guardianship and discharge them if appropriate.

The report was intended to inform members of the current state of Kent County Council's (KCC) Guardianship Register. The Guardianship Quality and Scrutiny Panel is responsible for ensuring that Guardianship is lawful and for auditing the effectiveness of the receipt and scrutiny of relevant documents, as outlined in the Mental Health Act 1983 Code of Practice.

The report detailed the composition and function of the Panel, which includes officers from the Approved Mental Health Professional Service, the policy and quality assurance team, and the practice development team. The scrutiny process for new Guardianship applications, transfers, or renewals is undertaken by Area Operational Managers who have prior mental health experience and additional training in Guardianship. The Panel's role is to scrutinise paperwork and recommendations to determine if Guardianship remains the least restrictive option and maximizing independence or if an individual should be discharged.

During the period of January 2025 to December 2025, KCC's Guardianship Register reportedly consisted of only two individuals. The report provided brief profiles for these individuals, referred to as Tom and Jeremy. Tom, a 52-year-old man with a learning disability, mental health difficulties, and a forensic history, has been subject to Guardianship since 2005 and also a Community Deprivation of Liberty (Community DoL). Jeremy, a 25-year-old man with atypical autism, selective mutism, and depression, was admitted to hospital at age 18 under the Mental Health Act 1983 and has remained in hospital until a recent decision by the Court of Protection to move him to a supported living placement, with a Community DoL authorised due to past risks.

The report also noted national trends, indicating that the number of new Guardianship applications has remained consistent over the past five years, while the number of individuals remaining under Guardianship has significantly dropped. In contrast, the number of people subject to a Community Treatment Order has risen substantially.

The recommendation presented to the Sub-Committee was to note the content of the report.