Court of Protection

The current Court of Protection was set up under the Mental Capacity Act 2005. It can make decisions on whether people have capacity in relation to particular decisions, make decisions on their behalf, appoint or remove people who make decisions on people's behalf, and make decisions relating to Lasting Powers of Attorney or Enduring Powers of Attorney. On 1/4/09 the COP administration transferred from the OPG to HMCS (now HMCTS).

External links

MOJ website

MOJ website: Court of Protection page

MOJ website: another Court of Protection page

HMCTS, 'Court of Protection: Listing Policy - information for court users' (September 2011)

MOJ website: Court of Protection daily cause list

Judiciary website

Sir James Munby, 'Opening up the Family courts: Transparency in the Family court and the Court of Protection' (Speech at Annual Conference of the Society of Editors, 11/11/13)†

COP Report. Judiciary of England and Wales, 'Court of Protection: 2009 report' (10/6/10) — Extract from Foreword: "This report covers a period of twenty-seven months, from 1 October 2007, when the Mental Capacity Act 2005 came into force, until 31 December 2009, and I cannot pretend that it has been plain sailing." The report summarises several reported decisions.

Judiciary of England and Wales, 'Court of Protection Report 2010' (27/6/11) The report contains the following chapters: (1) Judiciary; (2) Court administration; (3) Work of the court; (4) Review of performance; (5) Case law; and (6) Volume of business. The case law chapter summarises 28 decisions made during the year.

Judicary of England and Wales, 'Report of the ad hoc Court of Protection Rules Committee' (29/7/10)

Wolanski and Wilson, 'The Family Courts: Media Access & Reporting' (July 2011). This document (a joint publication of The President of the Family Division, the Judicial College and the Society of Editors) contains information on cases in the Court of Protection and under the High Court's inherent jurisdiction

Sir James Munby P, 'View from the President's Chambers (4): The process of reform: an update' (July 2013) and Draft Practice Guidance on the Publication of Judgments (12/7/13)†

Court of Protection, 'Listing Deprivation of Liberty Safeguarding cases' (15/3/12). From 15/3/12, it is no longer necessary for DOLS cases to be heard by High Court judges.

Listing Deprivation of Liberty Safeguarding cases.

The President and the Judge in Charge of the Court of Protection have determined that it is no longer necessary for all cases where the issue of Deprivation of Liberty Safeguarding is raised to be heard by a High Court Judge.

The judges at the issuing court based in the Thomas More building of the Royal Courts of Justice will consider whether the issues raised in the case appear to require the consideration of a High Court Judge and allocate the case to the appropriate level of judge accordingly. The question of allocation may be reconsidered if and when further information relevant to the issue arises.

If the judges at Thomas More, or their colleagues in any court on reconsideration of the appropriate level of judge to hear the case, are unclear on whether the case should be heard by a High Court judge, they should seek guidance from the Family Division Liaison Judge for the circuit which will be hearing the case.

This change regarding the listing of Deprivation of Liberty Safeguarding cases has immediate effect.

Date 15th March 2012.

Litigation friend guidance

Alex Ruck Keene, 'Acting as a litigation friend in the Court of Protection' (University of Manchester, October 2014)

Participation of P

Lucy Series, Phil Fennell and Julie Doughty, 'The Participation of P in Welfare Cases in the Court of Protection' (Cardiff University, 16/2/17)

Statistics

Statistics. Lucy Series et al, 'Welfare cases in the Court of Protection: A statistical overview' (Cardiff University, 28/9/17) — The report is based on findings from (1) a study based on data gathered from CoP welfare case files held by the court; and (2) a study using the Freedom of Information Act 2000 to gather data from local authorities and NHS bodies about their involvement in CoP welfare litigation.