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Sunday, 22 November 2009

Court of Protection hearings, Visitors and Deputies

Hearings for the Court of Protection are held at a central administration area in London, and in regional centres across England and Wales. You can find details for these below. There is also information for Deputies, and about who Court Visitors are and what they do.

Hearing centres for cases

The central administration (Registry) for the Court of Protection is based in Archway, North London. This is the hearing centre for cases heard in London and the South East.

The Court also has a number of regional hearing venues across England and Wales. The court allocates cases to the regional centres when it is more convenient for people attending the hearing to travel to one of them, although this is also dependent on the availability of the Judge and court.

How to get in contact

The regional centres are not court Registries, which means they cannot issue or process applications. All applications and communication must be through the central registry at Archway. Follow the link below for contact details.

Where the regional centres are based

The regional centres are in:

  • Birmingham
  • Bristol
  • Cardiff
  • Manchester
  • Newcastle
  • Preston

Some cases will also be heard in the Royal Courts of Justice or in Brent Magistrates Court, when a larger court is needed for hearings in London and the South East.

To find out a regional court’s address, facilities, opening hours and contact details, follow the link below to the Her Majesty's Court Service (HMCS) CourtFinder.

Court of Protection Visitors

Court of Protection Visitors provide independent advice to the Court. They advise on how anyone given power by the Court should be, and is, carrying out their duties and responsibilities.

There are two types of visitor – ‘general’ and ‘special’. Special visitors are registered medical practitioners with expert knowledge that is relevant to the case.

The Court (or the Public Guardian) can send whichever type of visitor is most appropriate to visit and interview a person who may lack capacity. Visitors can also interview anyone who has been made an Attorney or Deputy and inspect any relevant healthcare or social care records.

Attorneys and Deputies must co-operate with all visitors and provide them will all relevant information. If they don’t, the Court can cancel their appointment (take away their powers), where it thinks they have not acted in the person’s best interests.

The role and duties of a Deputy

If you receive a Deputy order from the Court, it will set out the extent of your powers. It can apply to any area in which the person could have acted or made decisions for themselves if they had the capacity to do so.

Your powers might relate to:

  • finances
  • personal welfare, such as giving or withholding consent to medical treatment and/or social care interventions

The powers that are given will depend on the needs of the person you have been appointed to assist and also the Court’s decision. When acting as a Deputy, the decisions you make can have a major impact on the person who lacks capacity. In order to carry out your responsibilities sensibly, rigorously and responsibly, you should always:

  • only make those decisions you are authorised to make by the order of the Court
  • keep to the five statutory principles laid out in the Mental Capacity Act (follow the link below if you don’t know what these are)
  • make decisions in the person’s best interests
  • fulfil your duty to apply certain standards of care and skill (‘a duty of care’) when making decisions

All Deputies must follow the relevant guidance within the Mental Capacity Act 2005 Code of Practice. You can find this by following the first link below.

If you would like more detailed information, the Court of Protection has a booklet you can read and download. Follow the second link below to read it.

Additional links

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