Court VisitorsPublic GuardianOffice of the Public GuardianCourt of Protection VisitorPublic GuardianOffice of the Public GuardianCourt of Protection Visitor:panelsPublic GuardianOffice of the Public GuardianCourt of Protection Visitor:routine visitsPublic GuardianOffice of the Public GuardianCourt of Protection Visitor:general visitPublic GuardianOffice of the Public GuardianCourt of Protection Visitor:general visitPublic GuardianOffice of the Public GuardianCourt of Protection Visitor:general visitPublic GuardianOffice of the Public GuardianCourt of Protection Visitor:general visitReports:COP visitor reportsPublic GuardianOffice of the Public GuardianCourt of Protection Visitor:reportsCourt of Protection Visitor
20.30One of the most important ways in which the OPG keeps in touch with deputies and provides ongoing supervision and support is through the network of Court of Protection Visitors.
20.31The OPG maintains two panels of experts, or Visitors, on behalf of the Lord Chancellor. MCA 2005 s61 provides that:
61(1)A Court of Protection Visitor is a person who is appointed by the Lord Chancellor to–
(a)a panel of Special Visitors, or
(b)a panel of General Visitors.
(2)A person is not qualified to be a Special Visitor unless he–
(a)is a registered medical practitioner or appears to the Lord Chancellor to have other suitable qualifications or training, and
(b)appears to the Lord Chancellor to have special knowledge of and experience in cases of impairment of or disturbance in the functioning of the mind or brain.
(3)A General Visitor need not have a medical qualification.
(4)A Court of Protection Visitor–
(a)may be appointed for such term and subject to such conditions, and
(b)may be paid such remuneration and allowances, as the Lord Chancellor may determine.
(5)For the purpose of carrying out his functions under this Act in relation to a person who lacks capacity (‘P’), a Court of Protection Visitor may, at all reasonable times, examine and take copies of–
(a)any health record,
(b)any record of, or held by, a local authority and compiled in connection with a social services function, and
(c)any record held by a person registered under Part 2 of the Care Standards Act 2000
so far as the record relates to P.
(6)A Court of Protection Visitor may also for that purpose interview P in private.
20.32Generally a lay deputy can expect to have a visit from a General Visitor within the first 12 months of their appointment. This will usually take the format of a meeting with the deputy, and P, face-to-face to discuss how the deputy is managing in their role.
20.33As well as routine visits as part of the ongoing supervision regime, the OPG can request a general visit for many reasons, for example:
•when a deputy is new to the role;
•to answer questions and make sure the deputy understands and can meet their responsibilities;
•if the OPG need reassurance that the deputy is acting in accordance with the terms of order and in P’s best interests;
•for access to paperwork, for example bank statements, receipts etc; and
•when the OPG is carrying out an investigation.
20.34The Visitor will contact the deputy in advance to arrange a suitable time for the meeting and to provide details of what information and paperwork they need access to.
1Lasting Powers of Attorney, Enduring Powers of Attorney and Public Guardian Regulations 2007 reg 44. They will usually wish to meet with the deputy and P separately; they may also wish to meet with third parties such as a care manger, social worker etc. Court Visitors carry identification and will show this when they visit.
20.35After a visit, a report will be prepared for the OPG, making recommendations – for example, about issues that need to be monitored or the appropriate time before a follow-up visit needs to be scheduled.
20.36Deputies may request a visit if they feel that the OPG can provide support with a particular issue.
20.37The court has wide-ranging powers to call for reports.
2MCA 2005 s49. Where a medical report is required, a Special Visitor can be commissioned to undertake this role. This can be useful, for example when P does not wish to co-operate with an assessment of capacity, or if there is a dispute as to P’s capacity. See further for the role of Visitors in this regard paras 12.46 onwards.