Open justice | Let us know if you have a tribunal decision you would like to publish (see Re A)
Email updates | CPD scheme

Online forum | Latest topic on forum: Ward with intermittent RC cover | News

Court of Protection: Difference between revisions

(New page: The new Court of Protection was set up under the Mental Capacity Act 2005. It can make decisions on whether a person has capacity in relation to particular decisions, make decisions on the...)
 
 
(86 intermediate revisions by the same user not shown)
Line 1: Line 1:
The new Court of Protection was set up under the Mental Capacity Act 2005. It can make decisions on whether a person has 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]].
{{Information-header}}
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==
==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)]]


[[Court of Protection Rules 2007]]
==External links==
===MOJ website===
*[http://www.justice.gov.uk/guidance/courts-and-tribunals/courts/court-of-protection/index.htm MOJ website: Court of Protection page]


[[Mental Capacity Act 2005 (Transfer Of Proceedings) Order 2007]]
*[http://www.justice.gov.uk/protecting-the-vulnerable/cfo/court-of-protection MOJ website: another Court of Protection page]


==Resources==
*[[:File:COP-listing-policy.doc|HMCTS, 'Court of Protection: Listing Policy - information for court users' (September 2011)]]


Office of the Public Guardian:
*[http://www.justice.gov.uk/courts/court-lists/list-cop MOJ website: Court of Protection daily cause list]


*[http://www.publicguardian.gov.uk/about/court-of-protection.htm Asking the Court to make a decision]
===Judiciary website===
*[http://www.judiciary.gov.uk/media/speeches/pfd-speech-society-editors-11112013 Sir James Munby, 'Opening up the Family courts: Transparency in the Family court and the Court of Protection' (Speech at Annual Conference of the Society of Editors, 11/11/13)]†


*[http://www.publicguardian.gov.uk/decisions/asking.htm Asking the court to make a decision]
*{{rsum|Judiciary of England and Wales, 'Court of Protection: 2009 report' (10/6/10)}}


*[http://www.publicguardian.gov.uk/decisions/applying.htm Applying to the Court of Protection]
*{{link|https://www.judiciary.gov.uk/publications/court-of-protection-report-2010/|Judiciary of England and Wales, 'Court of Protection Report 2010' (27/6/11)|Court of Protection Report 2010.pdf}} 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.


*[http://www.publicguardian.gov.uk/decisions/deputy-roles-responsibilities.htm Court appointed deputy - the roles and duties]
*{{link|https://www.judiciary.gov.uk/publications/court-protection-rules-commitee-report/|Judicary of England and Wales, 'Report of the ad hoc Court of Protection Rules Committee' (29/7/10)|s}}


*[http://www.publicguardian.gov.uk/forms/asking-the-court.htm Asking the Court to make a decision]
*[[:File:Family-courts-media-july2011.pdf|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


{{stub}}
*[http://www.judiciary.gov.uk/publications-and-reports/reports/family/view-from-presidents-chambers Sir James Munby P, 'View from the President's Chambers (4): The process of reform: an update' (July 2013) and Draft Practice Guidance on the Publication of Judgments (12/7/13)]†


[[Category:Mental Capacity Act 2005 provisions]]
{{collapse-bullet|[[:File:Listing Deprivation of Liberty Safeguarding cases 2012.pdf|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.|{{Text:Listing DOLS cases March 2012}}}}
 
===Litigation friend guidance===
*{{link|http://www.law.manchester.ac.uk/medialibrary/Main%20site/LAC/Acting-as-a-Litigation-Friend-in-the-Court-of-Protection-October-2014.pdf|Alex Ruck Keene, 'Acting as a litigation friend in the Court of Protection' (University of Manchester, October 2014)|ARK Acting as a litigation friend in the Court of Protection Oct 2014.pdf}}
 
===Participation of P===
*{{link|http://sites.cardiff.ac.uk/wccop/new-research-report-the-participation-of-p-in-welfare-cases-in-the-court-of-protection/|Lucy Series, Phil Fennell and Julie Doughty, 'The Participation of P in Welfare Cases in the Court of Protection' (Cardiff University, 16/2/17)|s}}
 
===Statistics===
*{{rsum|Lucy Series et al, 'Welfare cases in the Court of Protection: A statistical overview' (Cardiff University, 28/9/17)}}
 
===Other links===
*[http://www.familylawweek.co.uk/site.aspx?i=ed66566 Moira Sofaer, 'The Court of Protection - continuing complaints', Family Law Week, 27/9/10]
 
*[[Media:COP checklists Article November 2010.pdf|Victoria Butler-Cole and Alex Ruck Keene, 'Preparing care plans, transition plans and best interests assessments for Court of Protection proceedings', 39 Essex Street, November 2009]]
 
*Family Law Week:
 
:*[http://www.familylawweek.co.uk/site.aspx?i=ed78177 Sally Bradley, 'Court of Protection Update (January 2011)' (Family Law Week, 7/1/11)]
 
:*[http://www.familylawweek.co.uk/site.aspx?i=ed86737 Sally Bradley, 'Court of Protection Update (October 2011)' (Family Law Week, 2/10/11)]
 
:*[http://www.familylawweek.co.uk/site.aspx?i=ed95121 Sally Bradley, 'Court of Protection Update (January 2012)' (Family Law Week, 18/1/12)]
 
*[http://www.direct.gov.uk/en/Governmentcitizensandrights/Mentalcapacityandthelaw/Makingdecisionsforsomeoneelse/DG_176235 Directgov, 'Making an application to the Court of Protection']
 
*[http://thesmallplaces.blogspot.com/2011/07/access-reporting-and-judgments-in-court.html Lucy Series, 'Access, reporting and judgments in the Court of Protection' (Small Places blog, 29/7/11)]
 
*[http://www.guardian.co.uk/money/2011/jul/30/court-funds-claimants-tax-inflation Jan Insley, 'Court Funds claimants losing out to effects of tax and inflation' (30/7/11)]
 
*[[Media:Letter from COP court manager July 2011.pdf|Letter from COP Court Manager (July 2011)]] and associated [[Media:COP questionnaire July 2011.pdf|COP Questionnaire (July 2011)]]
 
*[http://www.guardian.co.uk/law/court-of-protection Guardian newspaper list of Court of Protection articles (automatically updated)]. Selected articles below:
 
:*[http://www.guardian.co.uk/law/2011/nov/06/court-of-protection-public-scrutiny Amelia Hill, 'Court of protection should be open to public scrutiny, says leading judge' (Guardian, 6/11/11)]
 
:*[http://www.guardian.co.uk/law/2011/nov/06/court-protection-defender-vulnerable-unjust Amelia Hill, 'The court of protection: defender of the vulnerable or shadowy and unjust?' (Guardian, 6/11/11)]
 
:*[http://www.guardian.co.uk/law/2011/nov/07/court-of-protection-family-rights Martin Terrell, 'Court of protection must balance needs of vulnerable with rights of family' (Guardian, 7/11/11)]
 
:*[[:File:David Lock - best interests.pdf|David Lock, 'Best Interest decision-making in the Court of Protection' (No 5 Chambers, 28/2/12)]]
 
General press articles following [[Stoke City Council v Maddocks (2012) EWHC B31 (COP), (2012) MHLO 111]] case:
 
*[http://www.dailymail.co.uk/news/article-2316261/Neil-IQ-125-runs-business-So-wont-secret-court-let-spend-money.html?ito=feeds-newsxml Sue Reid, 'Neil has an IQ of 125 and runs his own business. So why won't a secret court let him spend his own money?' (Daily Mail, 28/4/13)]
 
*[http://www.independent.co.uk/news/uk/home-news/the-blind-pianist-who-led-our-reporter-to-a-closed-courtroom-8601774.html Chris Green, 'The blind pianist who led our reporter to a closed courtroom' (Independent, 2/5/13)]
{{Information-footer
|maincat=Courts
}}

Latest revision as of 06:45, 9 September 2023

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

External links

MOJ website

Judiciary website

Listing Deprivation of Liberty Safeguarding cases.

The President and the Judge in Charge of the Court of Protection have determined that it is no longer necessary for all cases where the issue of Deprivation of Liberty Safeguarding is raised to be heard by a High Court Judge.

The judges at the issuing court based in the Thomas More building of the Royal Courts of Justice will consider whether the issues raised in the case appear to require the consideration of a High Court Judge and allocate the case to the appropriate level of judge accordingly. The question of allocation may be reconsidered if and when further information relevant to the issue arises.

If the judges at Thomas More, or their colleagues in any court on reconsideration of the appropriate level of judge to hear the case, are unclear on whether the case should be heard by a High Court judge, they should seek guidance from the Family Division Liaison Judge for the circuit which will be hearing the case.

This change regarding the listing of Deprivation of Liberty Safeguarding cases has immediate effect.

Date 15th March 2012.

Litigation friend guidance

Participation of P

Statistics

Other links

  • Family Law Week:

General press articles following Stoke City Council v Maddocks [2012] EWHC B31 (COP), [2012] MHLO 111 case:

INFORMATION



What links here:


Retrieved from "https://www.mentalhealthlaw.co.uk/index.php?title=Court_of_Protection&oldid=62641"