Court of Protection Rules 2007
Revision as of 22:55, 11 November 2017 by Jonathan
- Court of Protection (Amendment) Rules 2015 — These rules amend the Court of Protection Rules 2007. In force 6/4/15 and 1/7/15.§
- Court of Protection (Amendment) Rules 2011 — These Rules add rule 7A to the Court of Protection Rules 2007 to enable the Senior Judge or the President to authorise a court officer to exercise the jurisdiction of the court in such circumstances as set out in the relevant practice direction. Such a court officer: (a) must refer to a judge any application, proceedings or any question arising in any application or proceedings which ought, in the officer’s opinion, to be considered by a judge; (b) may not deal with any application or proceedings or any question arising in any application or proceedings by way of a hearing; and (c) may not deal with an application for the reconsideration of an order made by that court officer or another court officer. In force 12/12/11.§
- Court of Protection (Amendment) Rules 2009 — These Rules amend the Court of Protection Rules 2007 by amending rules (rules 6 and 51), adding rules (rule 82A), and adding a Practice Direction (PD 10A) for the new deprivation of liberty jurisdiction. In force 1/4/09.§
- Legal Services Act 2007 (Consequential Amendments) Order 2009/3348 — This Order amends the Court of Protection Rules 2007 by amending the definition of 'legal representative' in rule 6. In force 1/1/10.§
- Family Procedure (Modification of Enactments) Order 2011/1045 — This Order amends the Court of Protection Rules 2007 by amending the text of rule 39 (Application of Family Procedure (Adoption) Rules 2005). In force 6/4/11.§
Report of the ad hoc Court of Protection Rules Committee
This committee reported on 2/8/10, making ten recommendations.
The proposals include: separate procedures for non-contentious property and affairs applications, contentious property and affairs applications, and health and welfare applications; new forms and amendments to the rules and practice directions for that purpose; some non-contentious property and affairs applications being dealt with by court officers; separate applications for permission being abandoned.
- The procedure and practice of the court should reflect the differences in the nature of the following categories of its work, namely (a) non-contentious property and affairs applications, (b) contentious property and affairs applications and (c) health and welfare applications.
- This change should be implemented by (a) the introduction of new forms, and (b) relevant changes in the rules and practice directions.
- The distinction between serving and notifying people who are or may be interested in making representations to the court should be preserved. But it should be better explained and some amendments to the present provisions relating to this process should be made.
- The present position relating to the notification and participation of P should be retained (with some minor amendments).
- Strictly defined and limited non-contentious property and affairs applications should be dealt with by court officers (e.g. applications for a property and affairs deputy by local authorities and in respect of small estates that do not include defined types of property). The provisions will also have to provide for an automatic right to refer any such decision to a judge and internal monitoring and review by the judges.
- Separate applications for permission should be abandoned and the application for permission should be incorporated into the main application form.
- The detailed and minor changes set out in annex 1 [of the report] should be considered. It is recognised that on a detailed consideration some may be rejected and others added and this recommendation and annex is included to assist those who are performing that detailed exercise.
- Issues as to whether and when the court should sit in public or permit its proceedings to be made public should be dealt with by the courts through decisions rather than any rule change.
- The proposed new forms prepared by members of this committee should be “tested” with a range of potential users before they are finalised and the relevant rules and practice directions are altered.
- A Committee should be established to review and make recommendations relating to the procedure and practice of the Court of Protection.
The full report is available under "external links" below.
Official Explanatory Note
"These Rules set out the practice and procedure to be followed in the new Court of Protection. Section 45 of the Mental Capacity Act 2005 establishes a new, superior court of record called the Court of Protection which replaces the office of the Supreme Court known as the Court of Protection. These Rules revoke the rules governing procedure in the former Court of Protection (the Court of Protection Rules 2001 (S.1. 2001/824, as amended by S.1. 2001/2977, S.I. 2002/833, S.I. 2003/1733, S.I. 2004/1291, S.I. 2005/667 and S.I. 2006/653), and the Court of Protection (Enduring Power of Attorney Rules) 2001 (S.I. 2001/825, as amended by S.I. 2002/832, S.I. 2002/1944, S.I. 2005/668 and S.I. 2005/3126).
"Part 2 of the Rules sets out the overriding objective that is to be applied whenever the court exercises its powers under the Rules, or interprets any rule or practice direction. Part 3 contains provisions for interpreting the Rules and for the Civil Procedure Rules 1998 to be applied insofar as may be necessary to further the overriding objective. Part 4 makes provision as to court documents, including the requirement for certain documents to be verified by a statement of truth. Part 5 sets out the court's general case management powers, and includes the power to dispense with the requirement of any rule. The Rules provide procedures for serving documents (Part 6), notifying the person who lacks capacity and who is the subject matter of the application of certain documents and events (Part 7), seeking permission to start proceedings (Part 8), starting proceedings (Part 9), making interim applications and applications within proceedings (Part 10), as to how applications will be dealt with (Part 12) and as to hearings (Part 13), including provisions as to publication of information and as to privacy and publicity of proceedings.
"The Rules set out procedures to be followed in relation to evidence (Parts 14 and 15), disclosure (Part 16), appointment of litigation friends (Part 17), change of solicitor (Part 18), costs (Part 19), appeals (Part 20), the enforcement of orders (Part 21) and transitory and transitional matters (Part 22). The detail of the transitional and transitory procedures is provided in the practice directions."
- Alex Ruck Keene, 'Court of Protection Rules as of 1st July 2015 (unofficial version)' (Court of Protection Handbook Blog, 11/3/15)†