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Court of Protection


Simon Leslie, Joint Legal Team, Reading Borough Council

Target Group:

Social workers, OTs and managers.

Aims and Outcomes

To provide an introduction to the work of the Court of Protection in welfare cases and hands-on practice drafting written evidence.

By the end of the course participants should be familiar with the process of making an application to the CoP, the key documents required and production of comprehensive, compelling written evidence.

Course Content

  • Introduction - the work of the Court of Protection (CoP) - its roles in welfare and finance cases - decisions about a) capacity and b) best interests
  • 'Objection' and Community DoL cases
  • Cheshire acid test - brief recap
  • Assessing litigation capacity and the role of the Litigation Friend / Accredited Legal Rep
  • Key documents likely to be needed in CoP:- a) best interests analysis, b) care plan with restrictions, c) CoP3 capacity assessment, clinician's letter, CoP24 statement, (chronology if required)
  • Practice planning one of more of a), b) and c) using case studies
  • The elements of persuasive written evidence
  • Attending court - overview of what to prepare, and what to expect

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