Court of Protection Meeting Tuesday 25Th March 2014

COURT OF PROTECTION MEETING

Court of Protection User Group held at the Royal Courts of Justice on Tuesday 25th March 2014

Items discussed:

Fees Remission Policy

No changes to the policy at the moment.

New Court of Protection Forms

Waiting for formal approval from the President on the new forms, updated to follow.

Court Mangers Report

The Court of Protection has now settled into First Avenue House. Signage is still being sorted out and all signs should be put up shortly.

Workload is still on the increase with a 5.83% growth between 2012-213, over 30% increased growth since 2008.

Manager reports that there has been a higher level of e-mail correspondence; this was in part to problems with the telephones. She reports that the new distal telephone system will be live on 14 April 2014 and she reports that the previous telephone problems should disappear.

No backlogs with the administration teams. However, the Judicial box and authorised officers work is working on dates at the end February.

Disclosure of Clients Will

Discussion paper issued by Caroline Bielanska about the access and disclosure of an incapacity person’s will.

“Whether it is possible to disclose the will of a person who lacks mental capacity to their court appointed deputy or attorney continues to create much debate within legal forums and is one of the most common questions asked of me, as a legal trainer, author and consultant. In 2012, the Court of Protection’s Users’ Group established a sub committee to discuss this further and recommendations were made, which included seeking involvement of the Law Society. Following discussions with the Chair of the Wills and Equity Committee of the Law Society, a way forward was agreed, which included circulating the attached paper to relevant organisations and committees for their input, as the problem is not limited to solicitors, as wills may be held by a range of people and organisations, including social services, hospitals, banks, will writers, financial advisers and a copy may be requested by organisations as part of their safeguarding functions, such as the Office of the Public Guardian, the police or social services. It would be helpful to agree the legal position- and where it needs clarification. Initial comments can be sent to me, which can be collated and a decision made as to whether it merits establishing a bigger project, involving a range of participants or whether it should be limited to the legal profession

I am most grateful for your time in reading this and an input you or your committee/organisation may have” Caroline Bielanska

Please could responses be made directly to Caroline at [email protected]

Discussion document:

Access and disclosure of personal information.doc

The House of Lords Select Committee Report

Report has now been issued by the House of Lords; the Government’s response is due in May. http://www.publications.parliament.uk/pa/ld201314/ldselect/ldmentalcap/139/139.pdf

http://www.publications.parliament.uk/pa/ld201314/ldselect/ldmentalcap/139/13902. htm

Fee Account System

Her Majesty’s Court and Tribunals Service are to introduce a fee account system which will go live on 29th September 2014.

This service will provide for payment by account function for HMCTS users. This is to streamline the fee income process and move away from cheque payments.

More information about this system is to be found at www.justice.gov.uk/courts/fees/payment-by-account

UN Convention on the rights of persons with Disabilities

Senior Judge Lush raised the continuing comments about the UN Convention on the rights of persons with disabilities and whether the UK was in breach of this convention.

A ‘think tank’ committee is now reviewing whether the MCA is in breach. It is being undertaken by the Essex University.

Transparency of the Court Following much media interest about the Court last year and some very negative reporting about the court, the president has issued practice guidance for permission to be made for cases now to be reported.

Cheshire West Judgement

Following this judgement the court is expecting applications to be received and will putting a special team together to cover the expected applications on deprivation of liberty.

To review this judgement link to www.supremecourt.uk/decided- cases/docs/UKSC_2012_0068_Judgment.pdf

Karon Walton Director of SFE Ltd