The Court of Protection – Whats the Story?
Well the Court of Protection is getting a “blog bashing” at the minute. The Court was specifically setup to provide some measure of oversight and indeed protection for those in the community whom are vulnerable and who lack capacity to conduct their affairs in the wake of the Mental Capacity Act 2005. These can be situations covering mental deterioration by age or other factors or when people have sustained such as brain trauma as a result of accidents. For a bit more back ground this link to the Office of the Public Guardian may assist: http://www.publicguardian.gov.uk/about/court-of-protection.htm
It’s not been an easy “birth” and practitioners and indeed the public do seem to encounter delay in the processing of applications. The Court intercedes in situations of some significant emotional distress and as a result may well be subject to a degree of criticism. We’d suggest its background purpose and its procedures might benefit from being more clearly available on the internet for people to access.
However, its perhaps unsurprising complaints arise when one considers that it is reported that the Court “hears about 23,000 cases a year”. Matters came to the fore when recently articles in the Daily Mail appeared and have caused some consternation with headlines such as: “Secret court seizes £3.2bn from elderly…” (Daily Mail 5.14pm 25.10.09).
If you are concerned about the situation then please do note that:-
1) The Court is not secret. It hears cases in private because deeply private family issues are discussed about a person with no capacity to decide for themselves issues such as personal health and financial welfare.
2) The Judges hearing the cases are not mandarins and are selected because of their compassion and abilities as Judges. We have met one recently and have no reason to change our view. Incidentally not all hearings are in London and there are nominated District Judges at regional hearing centres whom take cases to enable people to have their hearings local to them. Perhaps there ought to be a few more?
3) The Court seizes nothing. It makes provision to ensure that the funds belonging to the person subject to an order are managed appropriately. Before the “credit crunch” the sums invested historically did better than in the high street banks. Since the crunch the situation has altered but the sums are safe. It is reported that Mr Jack Straw Minister with responsibility for the Court has issued a review and if you would like to read a balanced view then perhaps we could suggest you view the following links:
a) Sir Mark Potters Speech Concerning the Court of Protection his comments of relevance start at page 6.
b) Mr Jack Straws press release by the Ministry of Justice
The Court is not without issues but we understand that with available resources provided the Court strives to help and not hinder. On occasion it probably does not get it right all the time and when it gets it wrong it should put it right as swift as possible – there is room for improvement but in closing it is rather noteworthy no alternatives are suggested ………………..
