•Identify the HRA issue as early as possible. It should be mentioned in documents such as position statements so that the court is aware of the potential claim, even if the respondent is already aware of it.

•If it is decided to pursue a claim for declarations or damages under the HRA 1998 in the Court of Protection, the court should be invited to make directions to resolve the issue when making case management decisions. Initially these could simply provide a timetable for a letter before claim and response, before a decision is taken as to whether to proceed.

•It is prudent to ensure that it is possible to identify all time that is spent on the HRA points, as opposed to welfare issues. This will make it much easier to produce a schedule of costs.

•PD 11A specifies that in the event that HRA claims are made they are either identified in the COP1 or made on a COP9 form. Either way the claim should be fully pleaded.

•The court will then need to case manage the claim, and it is our advice that these directions should be kept distinct from directions to resolve welfare issues. This will make it easier to keep track of work being carried out for this purpose as opposed to work on the welfare aspect of the case. The first step will be for the respondent to the HRA claim to file and serve a defence. The judge will then be able to assess what further evidence is required to resolve the claim.

•In the event that the claim is compromised the court will need to approve the award. The COPR do not provide for this; and we would advise applying the provisions of CPR Part 21 in drafting an advice or position statement for the court, which explains the rationale for recommending acceptance.