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.

Court of Protection Handbook Quarterly Update – May 2021

Sat, 01 May 2021 10:58:49 +0000

The quarterly online update to the Court of Protection Handbook is now available, covering such cases as Re P (Discharge of Party) on when the court can discharge a party of its own motion, Re MN on the limited steps that the court will consider taking under s.48, and Re P (another one) on the ‘white … Continue reading "Court of Protection Handbook Quarterly Update – May 2021"

Court fees consultation – including Court of Protection – closing date 17 May 2021

Tue, 20 Apr 2021 15:27:26 +0000

The MoJ is consulting upon increasing court fees, including those relating to the Court of Protection, as follows: The proposal, if implemented, would backdate increases to fees by inflationto 2016 or (if later than 2016) the year the fee was last increased. The consultation runs until 17 May 2021, and can be found here.

CoP e-filing for deprivation of liberty cases

Wed, 17 Mar 2021 13:46:45 +0000

HMCTS have announced that: To further support digital working within the Court of Protection we are starting to use electronic filing of documents (aka e-filing) for all Deprivation of Liberty cases. This involves the introduction of an automated system where correspondence and attachments received by email are placed directly onto the court’s digital files (e-files).As … Continue reading "CoP e-filing for deprivation of liberty cases"

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?"