Involved In Court Of Protection Proceedings – What Next?

If a close adult relative has lost mental capacity, or has a serious mental health condition, they will require care and sometimes very specialised care. Any UK citizen in need of this level of help becomes the responsibility of the Local Authority, who will provide care to the extent that the individual’s family cannot.

However, if the Local Authority considers the welfare of that person (“the protected party”) to be at risk, or if they have concerns that the protected party’s finances are not being correctly managed, they will take steps to safeguard them and, if necessary, will apply to the Court of Protection for an order. This can also be done by a family member – any person close to the protected party with concerns, and ready to shoulder the responsibility of managing their finances, property or care, can apply for a Deputyship order and other orders from the Court to validate decisions they have made.

Court of Protection proceedings

When proceedings start in the Court of Protection, the close family of the protected party are usually included as parties – meaning that they will receive a copy of the application that has been made, and will be given a right of response. This might be an application by a relative to become the Deputy of the protected party, or an application by the Local Authority to place the individual in a care home and regulate family visits. It could on the other hand be an application to approve a proposed financial transaction on behalf of the protected party.

If you are on the receiving end of such an application, or if you want to have your say in relation to proceedings that someone else has started, the best thing to do is to seek legal advice first. It could be that you agree with the person making the application but want to know where you stand. However, you might disagree with it partially or entirely. You are entitled to respond and have your say – either in a position statement or a formal witness statement.

A position statement is basically a formal way of telling the Court and the other parties where you stand and why and it is usually fairly minimalistic. If you disagree with some of the facts set out in the application however and want to submit a significant amount of evidence, a witness statement should be produced, filed and served on everyone else involved.

You will then be able to go to a hearing at Court. If you are contesting the application, or would like a different order to the one being sought, it is better to be represented. This way your solicitor can ask questions of the witnesses and put your case to the Judge. If there is a conflict of evidence, then the Court will make further directions. This could include an order to produce documents or additional evidence on specific points, or (particularly in health and welfare cases) the Court might want to hear from experts. This is where the likes of psychiatrists, care workers and GPs are instructed.

One thing you must bear in mind is that Court of Protection proceedings are almost always conducted in private and Judges frequently make injunctions to prevent you from speaking about the case to outside parties, or identifying the people involved. Injunctions are serious orders and if you are in breach of an injunction this can amount to contempt of Court, which is a criminal offence.