Legislation, Forms and Practice Directions

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):

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.

A useful practical guide for litigants in person to remote hearings in family proceedings has been produced by the Transparency Project, much of which is applicable to cases before the Court of Protection.

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).

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

Codes of Practice

COP forms and fees

Practice Guidance and Practice Notes

Court of Protection Practice Directions as of 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).

Previous Practice Directions (to 1 December 2017)

These are maintained here for historical / comparative purposes.

 

Leave a Reply

Fill in your details below or click an icon to log in:

WordPress.com Logo

You are commenting using your WordPress.com account. Log Out /  Change )

Google photo

You are commenting using your Google account. Log Out /  Change )

Twitter picture

You are commenting using your Twitter account. Log Out /  Change )

Facebook photo

You are commenting using your Facebook account. Log Out /  Change )

Connecting to %s

This site uses Akismet to reduce spam. Learn how your comment data is processed.