Remote hearings
The Court of Protection Bar Association issued guidance (approved by Hayden J) on 7 April 2020 as to effective conduct of remote hearings in the Court of Protection, available here (as updated 7 July 2020). Whilst drafted during the COVID-19 pandemic, the broad principles remain applicable today.
Statutory materials etc
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
- Court of Protection Rules 2017, which came into force on 1 December 2017 (and as amended thereafter)
- Court of Protection Rules 2007 as amended 2017 (now historical interest only)
- Court of Protection Rules Pilot Parts 1-5 and 15 (now historical interest only)
- Civil Procedure Rules
- Court of Protection Fees Order 2007
- Mental Capacity Act 2005 (Transfer of Proceedings) Order 2007
Codes of Practice
COP forms and fees
Practice Guidance and Practice Notes
- Committal for Contempt of Court Practice Guidance (May 2013)
- Committal for Contempt of Court Practice Guidance (June 2013)
- Serious Medical Treatment (January 2020)
- Practice Note on Bills of Costs in the Court of Protection (October 2020)
- Appeal procedure (January 2020)
- Judicial Visits to P (February 2022) (incorporating and reissuing guidance on facilitation the participation of P and vulnerable persons in Court of Protection proceedings originally issued in November 2016)
- Closed Material (February 2023)
Court of Protection Practice Directions as of 1 December 2017
- 1A: Participation of P
- 2A: Levels of Judiciary (updated 1 April 2024)
- 2B: Authorised court officers
- 2C: Application of Civil Procedure Rules and Family Procedure Rules
- 2D: Use of the Welsh Language in Cases in the Court of Protection in or Having a Connection With Wales (July 2022)
- 3A: Dealing with Applications: court’s jurisdiction to be exercised by certain judges
- 3B: Case Pathways
- 4A: Hearings (including reporting restrictions)
- 4B: Court Bundles
- 4C: Transparency, and accompanying note from the Vice-President. Note, the model order to which the Practice Direction makes reference has not yet been updated from that made under the Pilot. An unofficial corrected version in Word can be found here, including references to the Court of Protection Rules 2017 (with thanks to Hannah Nicholas for updating).
- 5A: Court documents
- 5B: Statements of truth (updated 1 January 2023)
- 6A: Service of documents (updated 1 January 2023)
- 6B: Service out of the jurisdiction
- 7A: Notifying P
- 8A: Permission
- 9A: The application form (updated 1 January 2023)
- 9B: Notification of other persons that an application has been issued (updated 1 January 2023)
- 9C: Responding to an application (updated 1 January 2023)
- 9D: Applications by currently appointed deputies, attorneys and donees in relation to P’s property and affairs
- 9E: Applications relating to statutory will, codicils, settlements and other dealings with P’s property
- 9F: Applications to appoint or discharge a trustee
- 9G: Applications relating to the registration of enduring powers of attorney
- 9H: Property and Affairs Deputyship applications (new as of 1 January 2023)
- 10A: Applications within proceedings
- 10B: Urgent and interim applications
- 11A: Deprivation of liberty applications
- 12A: Human Rights Act 1998 (updated 1 January 2023)
- 13A: Procedure for disputing the court’s jurisdiction
- 14A: Written evidence (updated 1 January 2023)
- 14B: Depositions
- 14C: Fees for examiners of the court
- 14D: Witness summons
- 14E: Section 49 reports (updated 1 January 2023)
- 15A: Expert evidence
- 17A: Litigation friend
- 17B: Rule 1.2 representatives
- 18A: Change of solicitor
- 19A: Costs
- 19B: Fixed costs in the Court of Protection (new version 1 April 2024)
- 20A: Appeals
- 20B: Allocation of appeals (updated 1 April 2024)
- 21A: Contempt of court (updated 1 January 2023)
- 22A: Civil restraint orders
- 23A: International protection of adults
- 24A: Request for directions where notice of objection prevents Public Guardian from registering enduring power of attorney
- 24B: Where P ceases to lack capacity or dies
- 24C: Transitional provisions
Re X process
- Practice Direction: 11A: Deprivation of liberty applications (note, the material paragraphs for these purposes are 27 and onwards)
- COP DOL11 form
- Model order (in Word)
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).
Child Trust Funds
Issues frequently arise in the case of (now) adults who are unable to manage their own finances, and cannot therefore manage money which was paid into a Child Trust Fund for them. Helpful guidance for the parents of such people was published in June 2025 by the Social Care Institute for Excellence.
Court of Protection Handbook 