Let’s talk about court process – bonus: remote hearings

It occurred to me, helping one of my social workers prepare for a video hearing today, how little information about what actually happens in a remote hearing is available to anyone not ‘in the know’ with the court. So I thought I would add my thoughts, in the hope it might help some of you.Continue reading “Let’s talk about court process – bonus: remote hearings”

Sometimes the pieces don’t fit together

I started off with high hopes for today. I set myself a manageable list of tasks and intended to finish early and recalibrate myself after a fairly jarring return to the office. How foolish was I? And instead I am left feeling utterly deflated and quite demoralised, having spent most of my day trying toContinue reading “Sometimes the pieces don’t fit together”

Let’s talk about court processes: part 4 – concluding proceedings

The, rather delayed, final post in my series on Court of Protection processes looking at the conclusion of proceedings.

Let’s talk about court process: part 3 – hearings

In case you missed them, parts 1 and 2 of my posts about court process follow the same case study and you might want to go back to follow the story through. But now we get to the juicy bit that most people want to know about: court hearings. Don’t get too excited though, orContinue reading “Let’s talk about court process: part 3 – hearings”

Let’s talk about court processes: part 2 – ongoing proceedings

Let’s return to our example of P. At the end of my last post, we had got as far as the application being made, mum being notified of this, and a hearing date being set. So now what? Well the Official Solicitor will have to consider the papers and decide whether or not to acceptContinue reading “Let’s talk about court processes: part 2 – ongoing proceedings”

Let’s talk about court processes: part 1 – making the application

The headline from my series on court process is that the court of protection is not like the courts you see in TV dramas. As a side note, in my career I’ve not seen much evidence that any real court is much like the ones we see on TV but this is especially true forContinue reading “Let’s talk about court processes: part 1 – making the application”

Evidence or assumption?

A few months ago I attended a very helpful conference on the Mental Capacity Act 2005 arranged by Switalskis solicitors. Its an annual event, but it was the first time I managed to persuade my employers to pay for some tickets. Amongst the many illuminating talks I attended, the one that stuck with me theContinue reading “Evidence or assumption?”

The (practical) limits of the Court of Protection

The powers of the Court of Protection are set out in the Mental Capacity Act 2005 ss15 to 23. In summary it can Make declarations as to an individual’s capacity Make declarations as to the lawfulness of actions taken in relation to that individual Make decisions on behalf of an individual who lacks capacity AppointContinue reading “The (practical) limits of the Court of Protection”