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.

Official Solicitor Practice Notes

Tue, 09 Feb 2021 09:27:21 +0000

Two Practice Notes have been published by the Official Solicitor, Sarah Castle, setting out important practicalities relating the appointment of the Official Solicitor as litigation friend of the person concerned (“P”) in the Court of Protection and requests by the court to the Official Solicitor to act as, or appoint counsel to act as an … Continue reading "Official Solicitor Practice Notes"

Court of Protection Handbook quarterly update – February 2021

Mon, 01 Feb 2021 10:22:48 +0000

The quarterly online update to the Court of Protection Handbook is now available, covering such cases as TA on recording remote hearings, AMDC v AG & Anor on expert reports on capacity and KK on non-disclosure of material on the basis of harm to P.

The consequences of intemperate communication

Mon, 25 Jan 2021 21:53:16 +0000

  In TA, Re (Recording of hearings; Communication with Court office) [2021] EWCOP 3 (22 January 2021) Cobb J was faced with a ‘troubling case” concerning GA, a woman with Alzheimer’s dementia currently being cared for at home by her son TA.   “Poor progress” had been made largely because of challenges to the local authority.  The judge made … Continue reading "The consequences of intemperate communication"

Contempt, court orders and P’s confidentiality – an update

Fri, 18 Dec 2020 16:06:43 +0000

The Court of Appeal has had little hesitation dismissing ([2020] EWCA Civ 1675) the appeal by Dahlia Griffith against her conviction and sentence of imprisonment for contempt, about which Alex has written here.  Having applied out of time to appeal and for a stay of the order, which had been refused, Ms Griffith did not appear … Continue reading "Contempt, court orders and P’s confidentiality – an update"

The police and the Court of Protection – whose interests?

Fri, 18 Dec 2020 14:11:59 +0000

In AB (Court of Protection: Police Disclosure) [2019] EWCOP 66, a decision handed down in October 2019, but which for some reason did not appear on Bailii until December 2020, Keehan J considered an application for disclosure of psychological reports in relation to the subject of Court of Protection proceedings.   The Official Solicitor on his behalf … Continue reading "The police and the Court of Protection – whose interests?"

Confidential material and when you cannot be a party (even if you want to be)

Fri, 18 Dec 2020 10:20:09 +0000

In KK v Leeds City Council [2020] EWCOP 64, Cobb J had to consider whether P’s maternal aunt should be joined to welfare proceedings.  The aunt, KK, had been P’s main carer for almost all of her childhood; they had last lived together 3 years previously, and they currently had contact with each other.  At first … Continue reading "Confidential material and when you cannot be a party (even if you want to be)"

For how long does a Court of Protection judgment remain binding?

Wed, 11 Nov 2020 11:02:36 +0000

In An NHS Trust v AF & Anor [2020] EWCOP 55, Poole J has answered an important question that has – oddly – not been definitely determined previously: when does a decision of the Court of Protection stop being binding?   The question is important, given that the court has to make decisions about capacity and … Continue reading "For how long does a Court of Protection judgment remain binding?"

Court of Protection Handbook quarterly update – November 2020

Sun, 01 Nov 2020 18:52:31 +0000

The quarterly online update to the Court of Protection Handbook is now available, covering such cases as DP v Hillingdon on s21A applications, Re ND on the declaratory powers of the Court of Protection and Re AB on when the court will decline to recognise and enforce a foreign protective measure.

Section 21As, interim declaration and the importance of speedy determinations

Mon, 05 Oct 2020 20:32:21 +0000

Practitioners will need to note the implications of the recent and important judgment of Hayden J in DP (by his ALR Keith Clarke) v London Borough of Hillingdon [2020] EWCOP 45 . You can read the judgment here. DP was 72 and had an organic personality disorder and catatonic disorder, both of which resulted from … Continue reading "Section 21As, interim declaration and the importance of speedy determinations"

Deputies, fixed costs, detailed assessment and net assets

Sat, 03 Oct 2020 10:17:38 +0000

In Penntrust Ltd v West Berkshire District Council & Anor [2020] EWCOP 48, HHJ Hilder has returned to the vexed question of Practice Direction 19B and fixed costs in the Court of Protection.  In its current iteration, PD19B provides that “where the net assets of P are below £16,000,” the option for detailed assessment of … Continue reading "Deputies, fixed costs, detailed assessment and net assets"