Feb 17th 2017, 11:29

CUTTING EDGE EXPERIENCE FOR EVERY PRACTITIONER AND LAY USER OF THIS COURT

An appreciation by Phillip Taylor MBE and Elizabeth Taylor of Richmond Green Chambers


This is a most important practitioner work for any person involved in the work of the Court of Protection and it has reached its second edition published by the Legal Action Group. In around 850 pages, it gives excellent detail on the practice and processes of the Court of Protection – across the whole range of its work – in language which is aimed not only at lawyers but also to the large number of people who have become involved in proceedings before the Court of Protection without legal assistance- an “all too common” problem facing the court system in recent years.


As Sir William Clarke rightly observes in the Foreword, the book is based on the “cutting edge experience of the work of the Court of Protection, its practice and the changes that have been and are being made to its Rules”. He concludes that “it follows that the guidance given by this Handbook has an informed and solid foundation”. A sage statement if ever there was one and completely right for all LAG publications which are invaluable to the practitioner!


The benefit of this book for users is that, as Clarke says, the guidance imparted in the text is “given in language and through a format that is designed to and should assist all users of the Court of Protection.” Of course some of the processes and the legislation are complex but, as Sir William states, it is a “useful and practical guide to their application and so as a result that helps family, friends, public authorities and the Court” to identify what is in the subject of the proceedings best interests.

The book starts with an overview of the Mental Capacity Act 2005 and the Court of Protection, before taking a step-by-step guide through the processes of preparing and making an application, funding and representation issues, preparing for and appearing at hearings, evidence, costs, enforcement and appeals.

The handbook is “comprehensive yet accessible” to all with twenty-seven chapters and seven appendices. Complex issues are explained succinctly and clearly – hallmarks of all LAG titles - with an excellent use of tables and other diagrams. The second edition includes what we found to be very helpful flowcharts on property and affairs, health and welfare and DOLS applications.

As is to be expected, there is splendid practical guidance throughout which is provided on facilitating the role of 'P' (ie the subject of the proceedings) and the role of experts in the Court with contributions from a psychiatrist and an independent consultant nurse. These contributions are particularly helpful for practitioners in our view.

The body of the text is supported by a wealth of directly relevant materials including legislation, the consolidated Rules and Pilot Rules, guidance, sample statements and letters and useful addresses- a boon for the unrepresented and the lay person.

There is a website “courtofprotectionhandbook” dot com as well. It goes with the book containing updates on practice and procedure and additional legislation, guidance and resources which is to be expected as the standard house style adopted by LAG which finds favour with both lawyers and judges and we really would find our jobs much more difficult to do without these handbooks. Thank you LAG and your brilliant authors, Alex Ruck Keane, Kate Edwards, Professor Anselm Eldergill and Sophy Miles.

The law is as stated on 1st November 2016.