Administering Court of Protection appeals

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 of appeals. The route by which cases came to be heard on appeal was haphazard and inconsistent. Some appeals simply got lost and others took an unconscionable time to reach a hearing.

The letter sets out the internal procedure for appeals, in particular, for appeals from Tier 2 (i.e. Circuit Judges) to Tier 3 (High Court judges).

The Practice Direction governing appeals, PD20A, can be found here.

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

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 was published in July 2019.

With huge thanks to Michelle Pratley, the site now also includes a fully updated and comprehensive sample letter of instruction to a psychiatrist to report upon decision-making capacity in a number of domain, together with a letter completed upon the basis of a (fictional scenario).