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.

HRA claims, the Court of Protection and the statutory charge: certainty at last

Sat, 28 Jul 2018 12:07:28 +0000

[We are very happy to publish this guest post from Ragani Lindquist of the Office of the Official Solicitor] After years of uncertainty and inconsistency over the application of the statutory charge in respect of Human Rights damages claims, the Legal Aid Agency has finally put its position in writing within the adult welfare context, … Continue reading "HRA claims, the Court of Protection and the statutory charge: certainty at last"

Guidance on issuing by email

Wed, 18 Jul 2018 14:03:55 +0000

The Court of Protection will accept applications by e-mail to the relevant “hub” closest to P as from the end of July 2018.  You can read the letter from the Directorate, explaining exactly how this will work, here.

Supreme Court news

Sat, 07 Jul 2018 13:54:48 +0000

The Supreme Court has granted permission to the Official Solicitor to appeal against the decision of the Court of Appeal in Re D [2017] EWCA Civ 1695.  The hearing has been expedited and listed for 3 and 4 October.  Anyone who wants to understand how the MCA 2005 is intended to interact with the Children … Continue reading "Supreme Court news"

CoP Application and appeal fees reduced (a bit)

Fri, 06 Jul 2018 15:07:00 +0000

The snappily named Court of Protection, Civil Proceedings and Magistrates’ Courts Fees (Amendment) Order 2018, coming into force on 25 July, will reduce the fees for applications from £400 to £385, and for appeals from £400 to £320. The reduction to these fees follows, according to Parliamentary Under Secretary of State for Justice Lucy Frazer QC … Continue reading "CoP Application and appeal fees reduced (a bit)"

LPS to go to Parliament

Tue, 03 Jul 2018 17:50:03 +0000

The Mental Capacity (Amendment) Bill has just been introduced to the House of Commons. The press release explains that “The reforms seek to: introduce a simpler process that involves families more and gives swifter access to assessments be less burdensome on people, carers, families and local authorities allow the NHS, rather than local authorities, to … Continue reading "LPS to go to Parliament"

Regional Applications Scheme Launched.

Sun, 29 Apr 2018 14:36:43 +0000

We have been asked to publicise an important change to the way in which health and welfare applications and section 21A applications are issued. As the regionalisation project moves ahead, these applications will be issued from regional centres, starting with the South West (Bristol) Regional Hub, as from 30 April 2018. The other regional centres … Continue reading "Regional Applications Scheme Launched."

Accredited Legal Representatives Scheme Launched

Wed, 25 Apr 2018 07:30:24 +0000

We are very pleased to confirm that on 2 April 2018 HMCTS introduced the process of appointing accredited legal representatives (ALRs) of the court’s own motion, in appropriate cases.  This means that the “menu” of options for representing P, as set out in COPR r1.2 is now complete. We hope that the court will take … Continue reading "Accredited Legal Representatives Scheme Launched"

Costs and test cases

Sat, 31 Mar 2018 09:56:15 +0000

In a short judgment Mr Justice Baker declined to award the Official Solicitor his costs after a CCG withdrew applications in relation to a series of test cases.  You can read the judgment here. The case concerned applications in relation to the living arrangements of incapacitated adults for whom the CCG had responsibility.  All were … Continue reading "Costs and test cases"

Foreign powers of attorney – an unfortunate judicial wrong turn

Mon, 26 Mar 2018 16:20:02 +0000

Re JMK [2018] EWCOP 5, HHJ Hilder, faced with two litigants in person, has taken an unfortunate wrong turn as regards the basis upon which ‘foreign’ (i.e. non English & Welsh) powers have effect in England and Wales. Two litigants in persons (the daughter and son-in-law of the donor) sought recognition and enforcement of a Canadian … Continue reading "Foreign powers of attorney – an unfortunate judicial wrong turn"

Court of Protection mediation scheme proposal – help wanted

Wed, 21 Mar 2018 11:34:38 +0000

A dedicated multi-disciplinary group are working up a proposal for Court of Protection mediation scheme, and would very much welcome input from those willing to comment on the draft proposal as it stands, covering as it does (a) cases suitable for mediation; (b) when to mediate; (3) the mediators; (4) the scheme; (5) funding; and … Continue reading "Court of Protection mediation scheme proposal – help wanted"