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.

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"

Court of Protection forms moved

Wed, 21 Mar 2018 09:06:33 +0000

The CoP forms have moved today (21 March) to the .Gov.uk website, and can be found here.

Law Commission Deprivation of Liberty report – the Government responds

Thu, 15 Mar 2018 17:25:31 +0000

The Government published its response to the Law Commission’s Mental Capacity and Deprivation of Liberty report on 14 March.  The headline is that the Government “agree[s] in principle that the current DoLS system should be replaced as a matter of pressing urgency,” and that it will legislate in due course.  Before the introduction of any … Continue reading "Law Commission Deprivation of Liberty report – the Government responds"

Deckchairs on the legal Titanic? The Re X saga continues

Wed, 17 Jan 2018 07:52:00 +0000

In Re KT & Ors [2018] EWCOP 1, Charles J has returned – again – to the vexed question of how Re X applications (now, strictly, COPDOL11 applications) can proceed where there is no-one can properly play the part of Rule 3A (now Rule 1.2(5)) representative.  Charles J considered four test cases of the 300 … Continue reading "Deckchairs on the legal Titanic? The Re X saga continues"

CoP Rules 2017 come into force tomorrow

Thu, 30 Nov 2017 11:53:00 +0000

Remember that 1 December sees the coming into force of the new look CoP Rules and accompanying Practice Directions. All of these can be found most easily on the Court of Protection Handbook website here, together with a handy destination table to show where the old Rules have gone. The changes and their background are … Continue reading "CoP Rules 2017 come into force tomorrow"

CoP Handbook 2017 Rules Changes supplement/revised second edition

Fri, 24 Nov 2017 11:47:46 +0000

The revised second edition of the Court of Protection Handbook is now out, including an update on key developments over the past year, and a copy of the new Court of Protection Rules 2017.   Those kindly people at Legal Action Group have also prepared a supplement with the update and the Rules.  This will be … Continue reading "CoP Handbook 2017 Rules Changes supplement/revised second edition"