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.

Guidance on remote access to the Court of Protection

Tue, 31 Mar 2020 14:19:14 +0000

The Vice-President, Hayden J, has issued on 31 March detailed guidance about remote access to the Court of Protection, including a detailed protocol for remote hearings, consideration of how to secure the principles of transparency before the Court of Protection, and a draft order.

2nd quarterly update to the Handbook

Sat, 01 Feb 2020 09:02:37 +0000

The second quarterly update to the Court of Protection Handbook can now be found here. Although it is primarily of use for those in possession of the Third Edition (and if you are not, you should be!) it is also of use as a summary of case-law relating to practice and procedure since the book … Continue reading "2nd quarterly update to the Handbook"

What’s the permission threshold?

Mon, 27 Jan 2020 14:31:48 +0000

In Re D (A young man) [2019] EWCOP 1, Mostyn J had to consider a question that had previously been the subject of only very limited judicial consideration, namely the test for permission under s.50 MCA 2005. The case concerned a young man, D, aged 20, with autism. He had been looked after by his … Continue reading "What’s the permission threshold?"

Serious Medical Treatment – Practice Guidance

Tue, 21 Jan 2020 07:19:38 +0000

The Vice-President of the Court of Protection, Hayden J, has published guidance on serious medical treatment applications in the Court of Protection.   It covers (1) situations in which consideration must be given as to whether an application should be made and (2) the court’s expectations in relation to the making and progress of an … Continue reading "Serious Medical Treatment – Practice Guidance"

Court of Protection fees refund

Thu, 16 Jan 2020 18:02:10 +0000

The Ministry of Justice has introduced a refund scheme relating to court fees, including the Court of Protection.  For the Court of Protection, the scheme relates to those who paid court fees between 1 April 2016 and 31 March 2018 for: applications  appeals In addition, if you paid a hearing fee between 1 April 2017 … Continue reading "Court of Protection fees refund"

E-Filing for the assessment of Professional Deputy costs is compulsory from 20.01.2020

Wed, 15 Jan 2020 18:27:08 +0000

Professional Deputies are entitled to general management costs which are reasonable and proportionate to the total value of the client’s estate. The amount of work done and that any work done should be done by the appropriate fee earner. Last but not least, the professional deputy is required to demonstrate they are acting in their … Continue reading "E-Filing for the assessment of Professional Deputy costs is compulsory from 20.01.2020"

Administering Court of Protection appeals

Tue, 26 Nov 2019 22:02:45 +0000

The Vice-President of the Court of Protection, Hayden J, sent a letter on 26 November 2019 to other judges of the Court of Protection, reproduced here, in which he noted that: One of my most surprising discoveries on becoming V.P. was that the Court of Protection did not have a clearly structured system for administration … Continue reading "Administering Court of Protection appeals"

Court of Protection Handbook- first quarterly update and new precedent letters

Fri, 01 Nov 2019 12:17:38 +0000

The first quarterly update to the Court of Protection Handbook can now be found here.   Although it is primarily of use for those in possession of the Third Edition (and if you are not, you should be!) it is also of use as a summary of case-law relating to practice and procedure since the book … Continue reading "Court of Protection Handbook- first quarterly update and new precedent letters"

Court of Protection Mediation Pilot Goes Live

Wed, 25 Sep 2019 21:03:55 +0000

An important pilot to encourage and evaluate the use of mediation in the Court of Protection will go live from 1 October 2019. You can find out more here.  Mediation can bring many benefits and we look forward to hearing more during the course of the pilot and its evaluation.

3rd edition of the Court of Protection Handbook now published!

Fri, 26 Jul 2019 10:56:37 +0000

The 3rd edition of the Court of Protection Handbook is now published, with the addition of Nicola Mackintosh QC (Hon) to the team of Kate Edwards, Professor Anselm Eldergill, and Sophy Miles.  The book addresses in detail the practice and processes of the Court of Protection – across the whole range of its work – … Continue reading "3rd edition of the Court of Protection Handbook now published!"