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...
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

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 :
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 :
Provider :
Product Bucket :
Recommend These Products
Related Articles
Load more comments
Comment by from