1.2In the first section, we set out an overview of the Mental Capacity Act (MCA) 2005 and of the Court of Protection. In order to ensure that the book’s focus is where it should be – on the people whose lives are affected by its decisions – this section starts with a chapter written by Mark Neary, the father and carer of Steven Neary, whose story1Encapsulated in the judgment in Hillingdon LBC v Neary [2011] EWHC 1377 (COP), [2011] COPLR Con Vol 623. illustrates both the potential for misuse of the MCA 2005 by statutory authorities and the powers of the Court of Protection.

1.3In the second section, the book proceeds in chronological order through the life of an application (or, to be precise, from the point before an application is even prepared – by asking, first, the often overlooked question of whether it is actually appropriate to bring an application to the Court of Protection). We then trace the process through from the drafting of the application, pre-issue (where relevant), issue, response and then on to any directions hearings necessary before the final determination of the application, before dealing with the questions of costs, enforcement and appeals.

1.4In a series of – mostly – shorter chapters in the third section, we address a number of specific issues that arise in connection with the Court of Protection’s jurisdiction, such as applications in relation to deprivation of liberty and the interaction between the Court of Protection and the Administrative Court.

1.5The fourth section, the appendices, contain the key statutory materials and guidance, together with samples of important documents such as letters of instruction, as well as useful contact addresses and resources. Precedent orders can be found on the (free) website that accompanies the book: www.courtofprotectionhandbook.com. On the website can also be found links to relevant primary and secondary legislation, practice directions, and other useful resources, as well as blog posts and updates to the text of the work.