The President of the Court of Protection, Sir Mark Potter, announced today that he is setting up an ad-hoc committee to undertake a review of the Court of Protection Rules 2007 and the practice directions and forms which accompany the Rules.
The Court of Protection Rules govern the practice and procedure of the Court of Protection, which is the specialist court with jurisdiction to make decisions and to appoint someone (a “deputy”) to make decisions on behalf of those who lack capacity to make decisions for themselves.
The committee will be chaired jointly by Mr Justice Charles and Mrs Justice Proudman and membership will be drawn from the legal profession and other professional and non-professional court users.
Sir Mark said: "The Court of Protection has faced a number of difficulties in its first two years and court users have complained that court procedure is too formal particularly in relation to straightforward financial matters which are not contentious. The court has also received applications far in excess of predicted volumes which has meant that the allocation of four full time Judges has not been sufficient to keep pace with demand.
"In establishing the Rules Committee, my aim is to create a set of rules, practice directions and forms that are clear and simple for lay and professional users to understand. Where possible, the committee should simplify the handling of routine property and affairs cases which constitute the majority of applications to court, for example by slimming down some of the procedures."
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Notes to Editors
- The Court of Protection Rules govern the practice and procedure of the Court of Protection and are made by the Lord Chief Justice, or a judicial office-holder nominated by him, with the agreement of the Lord Chancellor in accordance with Part 1 of Schedule 1 to the Constitutional Reform Act 2005. The President of the Court of Protection has been nominated by the Lord Chief Justice to make designated rules for this purpose.
- The Court of Protection is a specialist court created under the Mental Capacity Act 2005. It makes specific decisions, and also appoints other people (called deputies) to make decisions for people who lack the capacity to do this for themselves. These decisions are related to their property, financial affairs, health, and personal welfare. The Court of Protection replaced the former office of the Supreme Court with the same name but which only dealt with property and financial affairs.
- The terms of reference for the committee are:
"The Court of Protection Rules Committee is an ad-hoc advisory committee established by the President of the Court of Protection. Its function is to review the Court of Protection Rules 2007 which govern practice and procedure in the Court of Protection. The aim of the committee is to produce recommendations for new rules or amendments to existing rules, and supporting practice directions and forms, which set out a fair and efficient procedure in rules which are both simple and simply expressed." - Mr Justice Charles was called to the Bar (Lincoln's Inn) in 1971. In 1986 he was appointed Junior Counsel to the Crown (Chancery) and from 1989 until 1998 he was First Junior Counsel to HM Treasury on Chancery matters. In January, 1998, he was appointed a Judge of the High Court, Family Division.
- Mrs. Justice (Sonia) Proudman was educated at St Paul’s Girls’ School and Lady Margaret Hall Oxford (MA (Hons)). She was called to the Bar (Lincoln’s Inn) in 1972. She took silk in 1994, and was appointed a Judge of the High Court, Chancery Division, in 2008.
- For further information contact
James Batey Court of Protection
Carolyn Nesbitt Judicial Communications Office
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