Court of Protection Handbook
This site accompanies Court of Protection Handbook. On this site, you will find links to relevant statutory materials and other guidance that space precluded us from including in the appendices, precedent orders covering most of the most common situations that arise before the Court, useful (free) web resources, and updates on practice and procedure before the Court of Protection. These updates take the form of posts on the site’s blog, and also (where relevant) updates cross-referenced to the relevant paragraphs in the book.
The site is maintained by two of the book’s authors, Alex Ruck Keene and Sophy Miles.

Revised help with fees process

Thu, 22 Feb 2024 09:51:52 +0000

A revised COP44A Help with fees application, and COP44B guidance notes have been published and are to be used with effect from Monday 12th February 2024. There will be a transition period between Monday 12th February 2024 until Thursday 29th February 2024 where old paper or digital applications will be accepted, however any applications received … Continue reading "Revised help with fees process"

Court of Protection Handbook update February 2024

Thu, 01 Feb 2024 09:15:45 +0000

The quarterly update to the Court of Protection Handbook is now available on the Handbook website, including costs on appeals from the Court of Protection, a helpful set of guidance documents for making and using LPAs, and medical evidence of mental disorder .

Court of Protection Handbook update November 2023

Thu, 02 Nov 2023 11:45:48 +0000

The quarterly update to the Court of Protection Handbook is now available on the Handbook website, including how to deal with the ‘two P’ situation, the costs of appeals in welfare cases, and transparency and ‘cooling off’ periods.

Court of Protection Handbook update August 2023

Mon, 07 Aug 2023 10:03:07 +0000

The quarterly update to the Court of Protection Handbook is now available on the Handbook website, including details of the new COP3 form, discussion of freezing injunctions, and committal complexities.

Committal hearings in the Court of Protection – publicity and complexity

Fri, 21 Jul 2023 09:48:54 +0000

In Re Esper v NHS NW London ICB (Appeal : Anonymity in Committal Proceedings) [2023] EWCOP 29, Poole J addressed the complexities of the (not entirely seamless) interaction between the Court of Protection Rules and the Lord Chief Justice’s March 2015 Practice Direction: Committal for Contempt of Court – Open Court.  We will cover this in full … Continue reading "Committal hearings in the Court of Protection – publicity and complexity"

Court of Protection Handbook update 1 May 2023

Mon, 01 May 2023 10:04:18 +0000

The quarterly update to the Court of Protection Handbook is now available on the Handbook website, including details of guidance relating to closed hearings, e-bills for costs in certain cases, updated statements of truth and more.

A new Vice-President for the Court of Protection

Mon, 20 Feb 2023 11:38:21 +0000

After a stint since 2018 marked indelibly by the pandemic, as well as by the promulgation of no less than 60 published decisions (according to Westlaw), representing the tip of the jurisprudential iceberg, the current Vice-President, Hayden J, stepped down officially on 13 February 2023 from his role (but not as a judge hearing cases … Continue reading "A new Vice-President for the Court of Protection"

‘Closed hearings’ guidance issued by the Vice-President

Wed, 08 Feb 2023 17:30:49 +0000

The Vice-President of the Court of Protection, Hayden J, has issued guidance about closed hearings and closed materials. As it says in its opening paragraphs, it applies to ‘closed hearings’ and ‘closed materials,’ defined as follows: a. “Closed hearings” are hearings from which (1) a party; and (2) (where the party is represented) the party’s … Continue reading "‘Closed hearings’ guidance issued by the Vice-President"

Revised certificate as to capacity to conduct proceedings form published

Wed, 08 Feb 2023 15:43:40 +0000

A revised version of the form used to address (and where the person lacks the capacity, to explain in detail why that is the case) capacity to conduct proceedings has now been published.  Although it says on gov.uk that it is dated 1 September 2007, it is in fact current as to the law in 2023 … Continue reading "Revised certificate as to capacity to conduct proceedings form published"

Joint Practice Note: Cafcass and Official Solicitor – urgent out of hours applications in relation to medical treatment concerning children

Wed, 01 Feb 2023 18:34:48 +0000

Cafcass and the Official Solicitor have published a joint practice note dated January 2023 “intended to assist the judiciary and legal representatives when dealing with urgent out of hours applications for orders in relation to medical treatment concerning children.” In particular, the Practice Note makes clear that “In medical treatment cases concerning children […], it … Continue reading "Joint Practice Note: Cafcass and Official Solicitor – urgent out of hours applications in relation to medical treatment concerning children"