Introduction and background(reproduced in full in appendix A)Court of Protection:historyCourt of ProtectionCourt of Protection:historyCourt of ProtectionCourt of Protection:historyCourt of ProtectionOffice of the Public GuardianCourt of Protection:historyCourt of Protection
4.1Prior to the Mental Capacity Act (MCA) 2005 coming into force, the Court of Protection’s jurisdiction was limited to dealing with an incapacitated person’s property and financial affairs.
4.2The court was an office of the Supreme Court with a full-time Master and nominated officers. The relevant legal provisions were set out in Part VII of the Mental Health Act (MHA) 1983, supplemented by Court of Protection Rules
1Court of Protection Rules 2001 SI No 824. which regulated its procedures. Appeals from the Master were to the Chancery Division of the High Court.
4.3Hearings were in London and usually took the form of an inquiry around a conference table rather than a trial. The great advantages were sometimes said to be informality and flexibility, and the perceived disadvantages too much informality and flexibility, in terms of case management, pleadings, advance disclosure and witness statements.
4.4The Public Guardianship Office (PGO) was responsible for administering the court and it also supervised the affairs of those under the court’s jurisdiction.