Court of Protection
The current Court of Protection was set up under the Mental Capacity Act 2005. It can make decisions on whether people have capacity in relation to particular decisions, make decisions on their behalf, appoint or remove people who make decisions on people's behalf, and make decisions relating to Lasting Powers of Attorney or Enduring Powers of Attorney. On 1/4/09 the COP administration transferred from the OPG to HMCS (now HMCTS).
See also
- Court of Protection Rules 2007 and, from 1/12/17, the Court of Protection Rules 2017
- Court of Protection Practice Directions
- Court of Protection forms
- Office of the Public Guardian
- 39 Essex Street COP Newsletter
- Mental Capacity Act 2005 (Transfer Of Proceedings) Order 2007
- Civil Procedure Rules 1998
- Practice Guidance: Committal for Contempt of Court [2013] EWHC B4 (COP)
- Practice Guidance: Committal for Contempt of Court (Supplemental) [2013] EWHC B7 (COP)
External links
MOJ website
Judiciary website
- COP Report. Judiciary of England and Wales, 'Court of Protection: 2009 report' (10/6/10) — Extract from Foreword: "This report covers a period of twenty-seven months, from 1 October 2007, when the Mental Capacity Act 2005 came into force, until 31 December 2009, and I cannot pretend that it has been plain sailing." The report summarises several reported decisions.
- Judiciary of England and Wales, 'Court of Protection Report 2010' (27/6/11) The report contains the following chapters: (1) Judiciary; (2) Court administration; (3) Work of the court; (4) Review of performance; (5) Case law; and (6) Volume of business. The case law chapter summarises 28 decisions made during the year.
- Wolanski and Wilson, 'The Family Courts: Media Access & Reporting' (July 2011). This document (a joint publication of The President of the Family Division, the Judicial College and the Society of Editors) contains information on cases in the Court of Protection and under the High Court's inherent jurisdiction
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- Court of Protection, 'Listing Deprivation of Liberty Safeguarding cases' (15/3/12). From 15/3/12, it is no longer necessary for DOLS cases to be heard by High Court judges.
Litigation friend guidance
- Alex Ruck Keene, 'Acting as a litigation friend in the Court of Protection' (University of Manchester, October 2014)
Participation of P
Statistics
- Statistics. Lucy Series et al, 'Welfare cases in the Court of Protection: A statistical overview' (Cardiff University, 28/9/17) — The report is based on findings from (1) a study based on data gathered from CoP welfare case files held by the court; and (2) a study using the Freedom of Information Act 2000 to gather data from local authorities and NHS bodies about their involvement in CoP welfare litigation.
Other links
- Family Law Week:
- Guardian newspaper list of Court of Protection articles (automatically updated). Selected articles below:
General press articles following Stoke City Council v Maddocks [2012] EWHC B31 (COP), [2012] MHLO 111 case:
INFORMATION
- Representation
- Civil sections and CTOs
- Criminal sections
- Aftercare
- Mental Health Tribunal
- Mandatory and discretionary references
- Nearest relative
- Legal Aid
- International law
What links here:
- Mental Capacity Act 2005
- Civil Procedure Rules 1998
- Mental Capacity Act 2005 (Transfer Of Proceedings) Order 2007
- Court of Protection Rules 2007
- COP
- Practice Guidance: Committal for Contempt of Court [2013] EWHC B4 (COP)
- Practice Guidance: Committal for Contempt of Court (Supplemental) [2013] EWHC B7 (COP)
- Freedom of Information Act 2000
- Court of Protection Rules 2017
- Lucy Series et al, 'Welfare cases in the Court of Protection: A statistical overview' (Cardiff University, 28/9/17)
- 39 Essex Street, 'Court of Protection update' (issue 11, July 2011)
- Judiciary of England and Wales, 'Court of Protection: 2009 report' (10/6/10)
- Contact:Court of Protection (High Holborn)
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