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”

Ordinary residence downloadable guide

As promised, I am sharing an ordinary residence ‘cheat sheet’ that I referred to in my earlier posts. I am doing this at your request, and to help you all out. I am sure none of you lovely people would dream of trying to take credit for someone else’s work. But just in case, hereContinue reading “Ordinary residence downloadable guide”

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”

Ordinary residence: the process

This is the third post in my overview series about ordinary residence. I’ve gone over the basics, and outlined some of the problem areas, so now I want to talk about the process i.e. How we actually go about resolving these disputes. I have said it before and I will say it again: this isContinue reading “Ordinary residence: the process”

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?”

But first, some basics…

My role involves primarily dealing with 3 pieces of legislation: Mental Health Act 1983; Mental Capacity Act 2005 and Care Act 2014. I am going to attempt to summarise the key bits of these pieces of legislation insofar as they relate to core adult social care local authority work for you, in case you readContinue reading “But first, some basics…”

Section 21A challenges: Trust me, it really isn’t personal

Social workers, care home managers, community medical professionals, I am talking to you. (A bit of the basics here for anyone new to the area – section 21A challenges are brought when P is in a hospital or care home and a standard authorisation under the Deprivation of Liberty Safeguards is in place. It isContinue reading “Section 21A challenges: Trust me, it really isn’t personal”

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”