New protocol on communications between judges in United Kingdom in cases involving adults who lack capacity published by Judiciary
A new Protocol regulating communications between judges in Scotland, England & Wales, and Northern Ireland has been agreed for cases involving adults who lack capacity.
The Protocol, and accompanying handbook, published this week (7 May), sets out that direct judicial communications are to be conducted using a request form sent to the relevant office, which should contain “sufficient details” to allow any proceedings in the receiving jurisdiction to be identified.
The Protocol will apply to all cases involving adults who lack capacity which have a cross-jurisdiction element, as between Scotland, England & Wales, and Northern Ireland. It can be invoked where proceedings may be raised in both jurisdictions.
The Courts and Tribunals Judiciary revealed that the Lord President, the President of the Court of Protection and the Lady Chief Justice will each nominate at least one liaison judge and one alternate as the “primary point of contact” for their jurisdiction.
All communication from a judge in one jurisdiction (‘the requesting judge’) should be centrally transmitted through the liaison judge in that jurisdiction to the liaison judge in the other jurisdiction (‘the receiving jurisdiction’).
It will then be for the requesting judge to prepare or approve an information sharing request and a summary of information for the liaison judge in his or her jurisdiction, for onward transmission to the receiving jurisdiction.
The Protocol states that the request should contain "sufficient details" - which may include case references, details of the parties, the names and dates of birth of the adult, the name of the local authority involved, the background circumstances of the parties, and any known addresses in the receiving jurisdiction.
Further, it notes: “The request should set out in clear and concise terms the question, or questions, being asked of the liaison judge in the receiving jurisdiction, and any information sought. It should advise whether there is any urgency and, if so, the nature of the urgency.”
The Protocol directs that courts in Scotland may only request information from England, Wales and Northern Ireland for adults aged 18 or over, while the courts in England, Wales and Northern Ireland may request information from Scotland for persons aged 16 and over.
Outlining the duties of the liaison judge, the Protocol states it will be for the liaison judge to:
- provide for relevant cases, clear lines of communication and the free flow of relevant information to facilitate effective case management of those cases.
- receive the request from the requesting judge and transmit it with any modifications he or she considers necessary to the liaison judge in the receiving jurisdiction.
- receive any response from the receiving jurisdiction and transmit that response to the requesting judge in his or her own jurisdiction.
The protocol, request form and accompanying handbook can be found here.
Lottie Winson
