Resources

All resources on this page are freely accessible.

Coronavirus/COVID-19

The Court of Protection, along with wider society, is going through an extraordinarily rapid transformation to address the consequences of the pandemic.    A useful set of resources relating to the wider operation of courts (including legal aid) can be found on the Mental Health Law Online website here); the Judiciary website has also collated advice and guidance here. Key resources relating to the Court of Protection are the guidance letters from the Vice-President, Hayden J, as follows (in reverse chronological order):

The CPBA issued guidance (approved by Hayden J) on 7 April 2020 as to effective conduct of remote hearings in the Court of Protection, available here.

Further guidance is likely to be forthcoming, and Hayden J has formed the HIVE group to meet (remotely) at regular intervals throughout the present public health crisis. The objective will be to continue to refine the approach to dealing with the Court’s business and to seek to ensure that it runs as smoothly as possible.

Legislation, forms and Practice Directions

A number of websites have gathered together relevant legislation and Practice Directions, including the Court of Protection Handbook and the Court of Protection Hub.   Reproduced below, with permission from the Legal Action Group, are the relevant legislative material links from the Court of Protection Handbook.

The links here are provided in good faith; however, caution should always be exercised in ensuring that the version of the legislation or guidance is current as not all freely available official sources (such as legislation.gov.uk) are entirely up to date.

Primary Legislation

Secondary Legislation

Codes of Practice

COP forms and fees

Practice Guidance and Practice Notes

Practice Directions

Note: the previous PD9E (relating to serious medical treatment) was repealed with effect from 1 December 2017.

Re X process

Accredited Legal Representatives

Details of the ALR scheme – and those who are accredited as ALRs – can be found here.   The Practice Note issued by the Law Society for those acting as ALRs can be found here (the Practice Note is free, but requires registration).

Legal aid

The Legal Aid Handbook website accompanying the Legal Action Group’s Legal Aid Handbook, includes primary and secondary legislation relevant to legal aid.

Case-law

Bailii: British and Irish Legal Information Institute: transcripts of judgments including decisions of the Court of Protection.

Mental Health Law Online: Extensive site containing legislation, case transcripts and other useful material relating to both the Mental Capacity Act 2005 and the Mental Health Act 1983.

Commentary

39 Essex Chambers: 39 Essex Chambers has a dedicated Court of Protection resources site, including a monthly report and a searchable database of cases relating to mental capacity law.

Court of Protection Hub: Site maintained by the publishers of Court of Protection Made Clear: A User’s Guide, including case commentaries.

Garden Court Chambers: Garden Court Chambers has a website and newsletter dedicated to social welfare, including community care and incapacity, issues.

Guide to the Law of the NHS: this website contains material about the way the NHS operates, frequently of relevance in Court of Protection cases.  It is maintained by members of Landmark Chambers.  

Mental Capacity Law and Policy: A website maintained by Alex Ruck Keene dedicated to improving understanding of and practice in the field of mental capacity law, including articles, papers and other resources on the MCA 2005.

The Small Places: this is a blog site maintained by Lucy Series, socio-legal researcher and expert commentator upon the Court of Protection.

Three articles/presentations by Professor Anselm Eldergill, District Judge at the Court of Protection, on the ECHR, the UNCRPD and the legal rights of citizens suffering mental ill-health; the rights of persons with disabilities in criminal proceedings; and the ECHR and mental health.

Mediation

A practitioner-led nationwide pilot mediation scheme is being run from 1 October 2019, to evaluate the impact of mediation on Court of Protection proceedings.   While mediation is used to resolve disputes where proceedings have been issued in the Court of Protection, there has been little research into the effectiveness of it.  For more details of the scheme, see here.