View source for Court of Protection

{{Short description|British court created under the Mental Capacity Act 2005}}
{{Use dmy dates|date=April 2022}}
{{coordmissing|London}}
{{Infobox high court
|court_name = Court of Protection
|image = Coat of arms of the United Kingdom (2022, lesser arms).svg
|imagesize = 150px
|caption = Royal Coat of Arms of the United Kingdom
|established = {{start date and age|1 October 2007}}
|jurisdiction = [[England and Wales]]
|location = [[High Holborn]], [[London Borough of Camden]], London
|coordinates = 
|type = Judges nominated by [[Lord Chief Justice of England and Wales]] or President of the Court of Protection from members of the [[Judiciary of England and Wales]] <small>(except magistrates)</small>
|authority = [[Mental Capacity Act 2005]]
|appealsto = [[Court of Appeal of England and Wales|Court of Appeal]] and [[Supreme Court of the United Kingdom|Supreme Court]]
|terms = <!-- length of court term for judges-->
|positions = <!-- number of positions/seats on court-->
|chiefjudgetitle = President of the Court of Protection
|chiefjudgename = [[Andrew McFarlane (judge)|Sir Andrew McFarlane]]
|termstart = {{start date and age|27 July 2018}}
|chiefjudgetitle2 = Vice-President of the Court of Protection
|chiefjudgename2  = [[Anthony Hayden|Mr Justice Hayden]]
|termstart2 = {{start date and age|31 July 2018}}
|website={{url|https://www.gov.uk/courts-tribunals/court-of-protection}}
}}
{{CourtsEnglandWales}}

The '''Court of Protection''' in [[English law]] is a [[Courts of England and Wales|superior court of record]] created under the [[Mental Capacity Act 2005]].  It has jurisdiction over the property, financial affairs and personal welfare of people who lack mental capacity to make decisions for themselves.<ref name="dt082014">{{cite news|last1=Booker|first1=Christopher|title=How the Court of Protection left a 94-year-old without savings or dignity|url=https://www.telegraph.co.uk/news/health/elder/11038105/How-the-Court-of-Protection-left-a-94-year-old-without-savings-or-dignity.html|accessdate=16 October 2016|work=The Daily Telegraph|date=16 August 2014}}</ref>

==History==
The Court of Protection evolved from the Office of the [[Master in Lunacy]], which was renamed the Court of Protection in 1947.<ref>The National Archives, London: [http://discovery.nationalarchives.gov.uk/details/r/C3443715 LCO 4/53]</ref> Its jurisdiction derived from both the [[Lunacy Act 1890]] and De Prerogativa Regis of 1324, which gave the monarch authority over the property of 'idiots' and 'lunatics'. The Court of Protection was responsible for overseeing the management and administration of the estates of individuals who were unable to manage their own affairs, by reason of unsoundness of mind or infirmity.

It was an office of the [[Courts of England and Wales|Senior Courts of England and Wales]], later governed by the [[Mental Health Act 1983]]. At that time the old Court of Protection was part of the old [[Office of the Public Guardian (England and Wales)|Office of the Public Guardian]]; the new Court of Protection and the Public Guardian are now entirely separate organisations with different responsibilities. The earlier Court of Protection dealt exclusively with financial matters, but the new Court of Protection was granted powers to deal with health and personal welfare issues, and has the same powers as the [[High Court of Justice]].<ref name="leighday">{{cite web|title=The Court of Protection and the Office of the Public Guardian – the basics|url=https://www.leighday.co.uk/FAQs/The-Court-of-Protection-and-the-Office-of-the-Publ|website=www.leighday.co.uk|publisher=Leigh Day|accessdate=22 April 2017}}</ref>

The Court of Protection's powers are defined by the [[Mental Capacity Act 2005]],<ref name="act2005">{{Cite legislation UK|type=act|year=2005|chapter=9|act=Mental Capacity Act 2005}}</ref> and was established by order of the [[Lord Chancellor]] through the ''Mental Capacity Act 2005 (Commencement No. 2) Order 2007''.<ref name="establishmentorder">{{UK SI| year = 2007 | number = 1897 | section = | url = http://www.legislation.gov.uk/uksi/2007/1897/made | title = The Mental Capacity Act 2005 (Commencement No. 2) Order 2007| isbn = | made = 22 June 2007| laid =| force = 1 October 2007}}</ref>  The rules of the Court of Protection were established by order of the [[President of the Family Division]] through ''The Court of Protection Rules 2007''.<ref name="rulesorder">{{UK SI| year = 2007 | number = 1744 | section = | url = http://www.legislation.gov.uk/uksi/2007/1744/made | title = The Court of Protection Rules 2007 | isbn = | made = 22 June 2007| laid =| force = 1 October 2007}}</ref>

The offices and full-time Judges of the Court of Protection were originally located at [[Archway Tower]], Junction Road, London. Since 9 January 2012, the Court was located in the Thomas More Building at the [[Royal Courts of Justice]] on the [[Strand, London]]. The Court is currently located at First Avenue House, 42-49 [[High Holborn]], London WC1A 9JA.<ref>{{cite web |title=Court of Protection |url=https://www.gov.uk/courts-tribunals/court-of-protection |website=GOV.UK |access-date=22 March 2025}}</ref>

As of April 2017, the President of the Court of Protection was [[James Munby|Sir James Munby]], who is also [[President of the Family Division]], and the Vice-President was [[William Charles (judge)|Sir William Charles]].<ref name="cardiffuni">{{cite web|title=2. What is the Court of Protection?|url=http://sites.cardiff.ac.uk/wccop/resources/2-what-is-the-court-of-protection/|website=Welfare cases and the Court of Protection|publisher=Cardiff University|accessdate=22 April 2017}}</ref>

==Jurisdiction and powers==
The Court of Protection has the power to decide if a person [[Informed consent|lacks capacity]] to make decisions for themselves, and then to decide what actions to take in the person's best interests. The Court has the power to adjudicate on [[Liberty|deprivations of liberty]], which includes depriving a person of liberty who is over 16, lacks capacity, and can be living at home.<ref name="liberty">{{cite web|title=Deprivation of liberty {{!}} Mind, the mental health charity - help for mental health problems|url=http://www.mind.org.uk/information-support/legal-rights/mental-capacity-act-2005/deprivation-of-liberty/#.WPuGdYjyuUk|website=www.mind.org.uk|publisher=Mind|accessdate=22 April 2017}}</ref><ref name="mindcourt">{{cite web|title=Court of Protection {{!}} Mind, the mental health charity - help for mental health problems|url=http://www.mind.org.uk/information-support/legal-rights/mental-capacity-act-2005/court-of-protection/#.WPt-DojyuUk|website=www.mind.org.uk|publisher=Mind|accessdate=22 April 2017}}</ref>

The Court of Protection has the power to appoint ''Deputies'', who can make decisions on behalf of the person who is deemed to lack capacity. The power to appoint Deputies is granted by Sections 15 to 21 of the Mental Capacity Act 2005.<ref name="act2005" />{{rp|Sections 15 to 21}} [[Cardiff University]] noted that Deputies are most commonly appointed to deal with matters of property and finances, although the Mental Capacity Act 2005 allows for Deputies to make decisions on health and welfare.<ref name="cardiffuni" /> However, the Court of Protection either makes these decisions itself, and applications are often rejected under Sections 5 and 6 of the Mental Capacity Act 2005.<ref name="act2005" />{{rp|Sections 5 and 6}}

Among its various roles the Court of Protection is responsible for determining disputes as to the registration of [[Power of attorney|enduring powers of attorney]], and Lasting Powers of Attorney, appointing new trustees, appointing deputies to manage the affairs of persons who do not have the mental capacity to make the relevant decisions, authorising certain gifts and making statutory wills. Examples of personal welfare issues determined by the court are decisions about where protected persons live, who they see and how they are cared for.{{citation needed|date=April 2017}}

==Criticism==
Journalist [[Christopher Booker]] wrote a series of articles in ''[[The Daily Telegraph]]'' critical of the Court of Protection, calling it the "most sinister" and "most secretive" court in the United Kingdom. Booker reported several cases where elderly Britons were forced to hand over their assets to social workers and the courts.<ref name="dt082014"/><ref name="dt1016">{{cite news|url=https://www.telegraph.co.uk/news/2016/10/16/the-terrifying-tale-of-how-britains-most-secret-court-imprisoned/|title=The terrifying tale of how Britain's most secret court imprisoned a grandmother|last1=Booker|first1=Christopher|date=16 October 2016|work=The Daily Telegraph|accessdate=16 October 2016}}</ref><ref name="dt032014">{{cite news|url=https://www.telegraph.co.uk/comment/11323130/The-most-sinister-court-in-Britain-strikes-yet-again.html|title=The most sinister court in Britain strikes yet again|last1=Booker|first1=Christopher|date=3 January 2014|work=The Daily Telegraph|accessdate=16 October 2016}}</ref> The increasing workload of the Court over the period 2008 to 2012 led to lengthy delays in making decisions involving finances of subjects of the Court. The personal difficulties arising from such delays have led to criticism of the Court.<ref>{{Cite web|url=https://www.theguardian.com/lifeandstyle/2013/apr/27/court-of-protection-dementia|title=I'm still confused by the court of protection|website=[[TheGuardian.com]]|date=27 April 2013}}</ref>

==Notable cases==
In 2015, the Court of Protection ruled that a woman with six children and an IQ of 70 should be sterilised because another pregnancy would have been a "significantly life-threatening event" for her and the foetus due to her having a very thin uterus.<ref>{{cite web |author= James Gallagher |url= https://www.bbc.com/news/health-31128969 |title=Mother of six 'can be sterilised' – court ruling |publisher=[[BBC]] |date=February 4, 2015 |accessdate=February 12, 2015}}</ref>

==Gibraltar==
The [[court system of Gibraltar]] has a similar institution also called the Court of Protection, part of [[Court system of Gibraltar|its Supreme Court]].

==See also==
*[[Mental Health Review Tribunal (England and Wales)]]

==References==
{{reflist}}

==External links==
*{{cite web|url=http://www.justice.gov.uk/protecting-the-vulnerable/cfo/court-of-protection|title=Court of Protection|work=[[Ministry of Justice (United Kingdom)|Ministry of Justice]]|date=13 February 2012}}
*{{cite news|title=Statistics on activity of Court of Protection|url=http://thesmallplaces.blogspot.co.uk/2013/06/your-statistical-guide-to-mental.html}}

{{Judiciary of England and Wales}}
{{Authority control}}

[[Category:Courts of England and Wales]]
[[Category:2005 establishments in the United Kingdom]]
[[Category:Mental health law in the United Kingdom]]
[[Category:Courts and tribunals established in 2005]]