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

Date:12 MAY 2017
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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...

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