Guide to the Court of Protection
A basic guide to the Court of Protection written by Victoria Butler-Cole QC, Sarah Castle, Jakki Cowley and Alex Ruck Keene can be found here.
A glossary of words and phrases used in the Court of Protection (by the same authors) can be found here.
A guide by Jakki Cowley called “You’re going to a welfare hearing at the Court of Protection – what does this mean for you?” can be found here.
An easy read guide, focusing on participation and written by Dr Jaime Lindsey of the University of Essex, can be found here.
A guide to remote hearings has been produced by the Transparency Project. It is designed for those attending family proceedings, but has practical information which may be equally useful to those attending hearings before the Court of Protection.
Free legal resources
|Bailii||British and Irish Legal Information Institute: transcripts of judgments including increasing numbers of 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 Mental Health Act 1983. It has transcripts for more Court of Protection cases than any other site (including subscription-only sites).|
|ICLR||Incorporated Council of Law Reporting website, includes a number of free case summaries and case reports|
|CoP Cases Online||Site maintained by 39 Essex Chambers with searchable database of cases relating to mental capacity law, as well as back issues of newsletter (available – free – on a monthly basis at mailto:email@example.com)|
|Garden Court Chambers||Garden Court Chambers has a website and newsletter dedicated to social welfare, including community care and incapacity, issues.|
|Legal Aid Handbook||A free site accompanying the Legal Action Group’s Legal Aid Handbook, including updates to the handbook and resources relating to legal aid.|
|Mental Health Lawyers Association||Mental Health Lawyers Association website including list of members (and associate members) practising in the field of mental health and, increasingly, mental capacity law|
|Law Society||Law Society website, which includes ability to search for solicitor by area of law, including ‘mental health and incapacity law’|
|Bar Council||The Bar Council maintains a list of all barristers, and a further list of those offering public access, on its website There is also a dedicated telephone number for questions about public access: 0207 611 1472.|
|Chambers and Partners||Legal directory offering information about leading solicitors and barristers, including those specialising in Court of Protection work.|
|Legal 500||Legal directory offering information about leading solicitors and barristers, including those specialising in Court of Protection work.|
|Solicitors for the Elderly||SFE is an independent, national organisation of lawyers, such as solicitors, barristers, and legal executives who provide specialist legal advice for older and vulnerable people, their families and carers. Their website includes a ‘find a lawyer’ function.|
|The Advocates Gateway||A website offering practical, evidence-based guidance on vulnerable witnesses and defendants which is equally applicable to proceedings before the Court of Protection|
|The Court of Protection Guide||A layman’s guide to the Court of Protection and to the terms used in it created by Victoria Butler-Cole of 39 Essex Chambers.|
|Pinnington Law Legal Glossary||Glossary of legal terms for non-lawyers|
|Citizen’s Advice Bureau Law and Rights Guide||Useful overview of the English legal system and key legal rights|
Other useful free resources related to mental capacity law
|SCIE||Social Care Institute of Excellence, including good practice guidance in a number of areas relating to mental capacity and related law as well as a guide (Guide 42) to accessing the Court of Protection|
|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, and discussion forums|
|The Small Places||Blog site maintained by Lucy Series, socio-legal researcher and expert commentator upon the Court of Protection|
|Health and Welfare cases in the Court of Protection||The website of a research project at Cardiff Law School, funded by the Nuffield Foundation, seeking to gather robust empirical data on welfare cases in the Court of Protection, which includes also very useful resources on the MCA 2005 and the Court of Protection|
|Community Care||Online magazine dedicated to community care matters, which frequently includes useful stories relating to the MCA 2005|
|Essex Autonomy Project||Website of the Essex Autonomy Project, which runs a number of projects (and a summer school) relating to the MCA 2005, from a philosophical angle|
|Legally Blog||A blog maintained by Jess Flanagan, a really committed (and expert) solicitor specialising in community care mental capacity law, who brings a suitably passionate enthusiasm to her case comments!|
|Mental Health and Mental Capacity Law||This occasionally infrequent but always extremely stimulating blog is maintained by the School of Law at Nottingham University, with contributions most often from Nell Munro.|
|Love, belief and balls||This blog is written by Mark Neary, whose fight on behalf of his son Stephen created legal history but – sadly – continues to this day. It is funny, frustrated and always passionate: if for no other reason than for its skewering of jargon it is essential reading for anyone who works in the field of mental capacity law and policy. Mark contributed a chapter to the Handbook on his fight.|
|UK Human Rights||This blog maintained by 1 Crown Office Row Chambers covers a much wider gamut of subject matter than purely mental capacity matters, but is useful for keeping an eye on wider developments of relevance.|