Spotlight
Family Court Practice, The
Order the 2021 edition due out in May
Court of Protection Practice 2021
'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
JM v RM [2021] EWHC 315 (Fam)
(Family Division, Mostyn J, 22 February 2021)Abduction – Wrongful retention – Hague Convention application – Mother decided not to return to Australia with children – COVID 19...
Re A (A Child) (Hague Convention 1980: Set Aside) [2021] EWCA Civ 194
(Court of Appeal (Civil Division), Moylan, Asplin LJJ, Hayden J, 23 February 2021)Abduction – Hague Convention 1980 – Return order made – Mother successfully applied to set aside due...
Disabled women more than twice as likely to experience domestic abuse
The latest data from the Office of National Statistics shows that, in the year ending March 2020, around 1 in 7 (14.3%) disabled people aged 16 to 59 years experienced any form of domestic abuse in...
The President of the Family Division endorses Public Law Working Group report
The Courts and Tribunals Judiciary has published a message from the President of the Family Division, Sir Andrew McFarlane, in which the President endorses the publication of the President’s...
HMCTS updates online divorce services guidance
HM Courts and Tribunals Service have recently updated the online divorce services guidance with the addition of guides for deemed and dispensed service applications, alternative service...
View all articles
Authors

What do children lawyers need to know about the Court of Protection?

Sep 29, 2018, 19:53 PM
court of protection, family law, private client, children, capacity
Care proceedings in the Family Court and health and welfare proceedings in the Court of Protection share some common characteristics.
Slug : what-do-children-lawyers-need-to-know-about-the-court-of-protection
Meta Title : What do children lawyers need to know about the Court of Protection?
Meta Keywords :
Canonical URL : http://www.jordanpublishing.co.uk/practice-areas/family/news_and_comment/what-do-children-lawyers-need-to-know-about-the-court-of-protection
Trending Article : No
Prioritise In Trending Articles : No
Date : May 12, 2017, 09:47 AM
Article ID : 114113
Abigail Bond, Barrister, St John’s Chambers, Bristol
Iain Large, Pupil Barrister, St John’s Chambers, Bristol


Care proceedings in the Family Court and health and welfare proceedings in the Court of Protection share some common characteristics. Both operate a discretionary jurisdiction, with questions relating to the upbringing of a child being governed by the paramount welfare principle under the Children Act 1989 (the 1989 Act), and decisions made for or on behalf of those who lack capacity (‘P’) being subject to the ‘best interests’ principle under the Mental Capacity Act 2005 (the 2005 Act). The overriding objectives under r 1.1 of the Family Procedure Rules 2010 (FPR 2010) and r 3 of the Court of Protection Rules 2007 (COPR 2007) are almost identical, differing only in that r 3A of the COPR 2007 now includes extensive requirements for ensuring full consideration of P’s participation, whereas the FPR addresses the participation of the child in separate provisions elsewhere. This similarity of approach is reflected in the appointment of the President and Vice-President of the Family Division to the same positions in the Court of Protection. It is also a product of the fact that the inherent jurisdiction, which was used to make decisions on behalf of vulnerable adults before the 2005 Act was implemented, was considered to be ‘indistinguishable’ (according to Munby J in Re SA (Vulnerable Adult with Capacity: Marriage) [2005] EWHC 2942, [2006] 1 FLR 867) from the use of the parens patriae or wardship jurisdictions in relation to children.
...

The full version of this article appears in the May 2017 issue of Family Law. Online subscribers can access the article here.

Find out more or request a free 1-week trial of Family Law journal.
Categories :
  • Articles
Tags :
court_of_protection
Authors
Provider :
Product Bucket :
Recommend These Products
Related Articles
Load more comments
Comment by from