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.

Basic guide to the Court of Protection and glossary

Wed, 08 Jul 2020 14:14:06 +0000

With thanks to Victoria Butler-Cole QC, upon whose excellent 2013 work we have built, a small team comprising her, Sarah Castle (the Official Solicitor), Jakki Cowley (an IMCA), and Alex Ruck Keene has produced a basic guide to the Court of Protection for lay people who may be going to court, or may be attending … Continue reading "Basic guide to the Court of Protection and glossary"

The Court of Protection mediation scheme in practice

Fri, 26 Jun 2020 12:35:29 +0000

[Even though COVID-19 may be making everyone rethink how conventional proceedings unfold in the Court of Protection, it does – or should not – detract from the importance of mediation.  We are very pleased to host here a guest post by Alex Troup of St John’s Chambers, Bristol, outlining his experience as a mediator under … Continue reading "The Court of Protection mediation scheme in practice"

Court of Protection update

Fri, 22 May 2020 17:20:29 +0000

Senior Judge Hilder and the Operations Manager of the Court of Protection have provided an update on the court’s performance and activities during the COVID-19 outbreak, and work being done to assist practitioners.   The letter (dated 21 May 2020) can be found here.

The Court of Protection, injunctions and persons unknown

Mon, 18 May 2020 11:38:18 +0000

In Re SF (Injunctions) [2020] EWCOP 19, Keehan J was concerned with a young woman, SF, who had a diagnosis of Autism Spectrum Disorder and also had learning disabilities. She resided in a supported living establishment where she received 1:1 support 24 hours per day. In September 2019 the care and support provider became aware … Continue reading "The Court of Protection, injunctions and persons unknown"

The Court of Protection, care homes, the rule of law and deprivation of liberty

Thu, 14 May 2020 09:02:31 +0000

The Vice-President of the Court of Protection, Hayden J, has written to Directors of Adult Social Services (in a letter which can be shared more widely) to highlight a number of key points relating to the operation of the MCA 2005 in the context of COVID-19 and care homes. The wide-ranging letter takes in remote … Continue reading "The Court of Protection, care homes, the rule of law and deprivation of liberty"

Court of Protection COVID-19 response update from the Vice-President

Tue, 05 May 2020 10:06:35 +0000

Hayden J has published a letter (4 May) providing an update upon the steps taken by the Court of Protection to respond to the pandemic, and, in particular, the work of the Hive group since its establishment in late March 2020 across the full spectrum of the Court’s work.

Court of Protection Handbook Quarterly Update – May 2020

Fri, 01 May 2020 09:52:50 +0000

The quarterly update to the Court of Protection Handbook (1 May 2020) is now online, available here.  It builds on the previous update (1 February 2020) to provide a comprehensive updating to the text of the third edition of the book, and includes both the key materials relating to the impact of COVID-19 on the … Continue reading "Court of Protection Handbook Quarterly Update – May 2020"

Remote hearings – the Court of Appeal’s stock-take

Fri, 01 May 2020 08:32:51 +0000

In two decisions handed down on 30 April 2020, Re A (Children) (Remote Hearings) [2020] EWCA Civ 583 and Re B (Children) (Remote Hearing : Interim Care Order) [2020] EWCA Civ 584, the Court of Appeal undertook a stock-take of the position in relation to remote hearings. Both were decided by Sir Andrew McFarlane, the … Continue reading "Remote hearings – the Court of Appeal’s stock-take"

Court of Protection telephone hearings at First Avenue House

Wed, 29 Apr 2020 15:09:58 +0000

The Court of Protection will be giving the following instructions in relation to telephone hearings at First Avenue House, responding to uncertainties as to responsibilities and costs.   They are to be read with the Guidance on Remote Hearings published by the Vice-President on 31 March 2020. Dear All, Please find below dial in details … Continue reading "Court of Protection telephone hearings at First Avenue House"

HIVE update and email address

Wed, 22 Apr 2020 17:51:44 +0000

The HIVE mailbox (hive@justice.gov.uk) is now live, and can be used as the first point of contact to raise specific issues relating to the operation of the Court of Protection during the pandemic.  It is not to be used for issues relating to specific cases (for instance case progression or appeals). The members of the … Continue reading "HIVE update and email address"