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Guidance published for litigation friends on workings of Court of Protection

Guidance has been published for litigation friends aimed at demystifying the Court of Protection.

The guidance was commissioned by the Department of Health for Independent Mental Capacity Advocates, Relevant Person’s Representatives, other non-legal advocates and family members or friends.

The publication was put together by Alex Ruck-Keene, barrister at 39 Essex Street and Honorary Research Lecturer at University of Manchester.

The guidance is hosted by the University of Manchester and can be viewed here.

The introduction says: “Th[e] Guidance aims to demystify the Court of Protection generally and the role of litigation friend specifically so as to enable more people to consider taking up the role – thereby ensuring the better promotion and protection of the rights of those said to be lacking capacity to take their own decisions.”

It adds that the guidance has two distinct purposes:

“1. To enable an advocate or a family member/friend of P to take a matter to the Court of Protection as litigation friend for P and properly to discharge their duties as litigation friend. To this end, the Guidance looks in Chapter F at when it is appropriate to bring matters to the court so as to promote P’s rights.

2. To enable an advocate (or, which is probably less likely, a family member/friend of P) to be able to accept an invitation to act as litigation friend for P in proceedings before the Court of Protection brought by another person or body, and properly to be able to discharge their duties as litigation friend.”

The chapters cover:

  • Overview;
  • An overview of the Court of Protection;
  • Who can be a litigation friend for P in proceedings before the Court of Protection?
  • Becoming a litigation friend and instructing lawyers;
  • What does a litigation friend do?
  • When is it appropriate to bring a case to the Court of Protection as litigation friend for P?
  • How do cases before the Court of Protection proceed?
  • When would an appointment of a litigation friend come to an end?
  • Practicalities;
  • Frequently asked questions;
  • Useful sources of information.

There are also appendices containing checklists, a template position statement and details of the ‘balance sheet’ approach.
A&M Bacon