Spotlight
Family Law Awards 2020
Shortlist announced - time to place your vote!
Court of Protection Practice 2020
'Court of Protection Practice goes from strength to strength, having...
Jackson's Matrimonial Finance Tenth Edition
Jackson's Matrimonial Finance is an authoritative specialist text...
Spotlight
Latest articles
Hundreds of thousands of companies worldwide fall victims to hackers every year. Is your firm one of them?
SPONSORED CONTENT Image source: Information is beautifulYou and other lawyers and legal assistants in your firm likely have accounts on the hacked websites listed in the image above. If a hacker...
New complaints handling guide offers advice to local authorities
The Local Government and Social Care Ombudsman is today issuing new guidance on effective complaint handling for local authorities.Based on previous documents, the new guide offers practical,...
EU laws continue until at least 2038 and beyond
The UK left the EU on 31 January 2020.  But in matters of law it fully leaves on 31 December 2020.  But EU laws will continue to apply, and be applied, in the English family courts from 1...
Family Law Awards winners announced in virtual awards ceremony
The winners of the Family Law Awards 2020 were announced at 4pm during a much-anticipated virtual awards ceremony. Over the past ten years, the Family Law Awards has recognised the leading players in...
Behaviour-based divorces still merit close consideration
Some recent cases illustrate the evidential and procedural issues involved in dealing with proofs on the merits of divorce, which are worth considering even though most cases may conclude on a...
View all articles
Authors

Acting as a Litigation Friend in the Court of Protection – new Guidance now out

Sep 29, 2018, 20:05 PM
Litigation Friend, Court of Protection, Guidance
​As many of you will know, I have spent a significant part of this year working on guidance commissioned by the Department of Health for IMCAs, RPRs and other advocates (as well as family members and friends of putative ‘P’s) considering acting as litigation friends in the Court of Protection.
Slug : acting-as-a-litigation-friend-in-the-court-of-protection-new-guidance-now-out
Meta Title : Acting as a Litigation Friend in the Court of Protection – new Guidance now out
Meta Keywords : Litigation Friend, Court of Protection, Guidance
Canonical URL : http://www.jordanpublishing.co.uk/practice-areas/family/news_and_comment/acting-as-a-litigation-friend-in-the-court-of-protection-new-guidance-now-out
Trending Article : No
Prioritise In Trending Articles : No
Date : Nov 5, 2014, 03:54 AM
Article ID : 107649
As many of you will know, I have spent a significant part of this year working on guidance commissioned by the Department of Health for Independent Mental Capacity Advocates (IMCAs), relevant person's representatives (RPRs) and other advocates (as well as family members and friends of putative ‘P’s) considering acting as litigation friends in the Court of Protection.

The guidance has now been published, and is hosted by the University of Manchester, available here. As it says in its introduction:

'Th[e] Guidance aims to demystify the Court of Protection generally and the role of litigation friend specifically so as to enable more people to consider taking up the role – thereby ensuring the better promotion and protection of the rights of those said to be lacking capacity to take their own decisions.'
Because of its scope, the guidance may also serve as a useful (free) overview for others wishing to learn more about the Court of Protection.

The guidance is primarily aimed at proceedings relating to health and welfare, and its chapter headings are as follows:

A: Overview
B: An overview of the Court of Protection
C: Who can be a litigation friend for P in proceedings before the Court of Protection?
D: Becoming a litigation friend and instructing lawyers
E: What does a litigation friend do?
F: When is it appropriate to bring a case to the Court of Protection as litigation friend for P?
G: How do cases before the Court of Protection proceed?
H: When would an appointment of a litigation friend come to an end?
I: Practicalities
J: Frequently asked questions
K: Useful sources of information

There are also appendices containing checklists, a template position statement and details of the ‘balance sheet’ approach.

I am very grateful indeed to the very many people who took the time to attend workshops and comment upon drafts, and generally – I hope – to assist in producing a document that will be of actual use!
Categories :
  • Legislation & Guidance
  • Practice Guidance
Tags :
39EssexStreet
Product Bucket :
Recommend These Products
Related Articles
Load more comments
Comment by from