Certificate in Court of Protection Practice & Procedure

Introduction

The Court of Protection sits at the heart of some of the most complex and emotionally challenging legal issues in practice today. How far should the State go to protect a vulnerable adult’s physical wellbeing if it risks damaging their mental health? When, if ever, should the law intervene in intimate adult relationships? Practitioners in this field must balance legal principles, ethical dilemmas, safeguarding responsibilities and sensitive family dynamics while navigating the intersection of mental capacity, mental health and social care law.

This new introductory level full-day course is designed to give delegates a clear and confident understanding of Court of Protection practice. Combining expert legal and procedural guidance with current case law, practical examples and real-world case studies, the course will equip attendees with the knowledge and skills needed to manage Court of Protection matters effectively and confidently.

Ideal for new practitioners, or anyone seeking to build their understanding of this growing and rewarding area of practice, this course provides a comprehensive introduction to the key principles, procedures and challenges involved in Court of Protection work.

By the end of the course, delegates will be able to:

• Understand the jurisdiction and powers of the Court of Protection
• Apply the principles of the Mental Capacity Act 2005 in practical scenarios
• Identify issues relating to mental capacity, human rights and best interests decision-making
• Recognise the roles and responsibilities of deputies, attorneys, the Official Solicitor and the Office of the Public Guardian
• Understand the legal framework governing deprivation of liberty and related applications
• Identify issues arising in property and affairs matters, including deputyship applications and disputes concerning lasting powers of attorney
• Navigate procedural rules, requirements and hearing processes with greater confidence
• Draft core Court of Protection documents
• Recognise the ethical, professional and practical challenges that arise in Court of Protection practice
• Keep up to date with key legal developments and case law
• Develop the confidence to manage Court of Protection cases effectively in practice

What You Will Learn

This course will cover the following:

• Understand the jurisdiction, structure and powers of the Court of Protection
• Apply the key principles of the Mental Capacity Act 2005 in day-to-day practice
• Assess mental capacity issues and understand how capacity evidence is used in proceedings
• Distinguish between unwise decision-making and a lack of mental capacity
• Recognise the roles and responsibilities of deputies, attorneys, litigation friends, IMCAs and expert witnesses
• Understand how the Court approaches best interests decision-making
• Manage welfare applications involving disputes about residence, care and medical treatment
• Navigate the legal framework governing deprivation of liberty, including DoLS and community authorisations
• Understand the procedure for property and affairs applications, including deputyships, statutory wills and gifting applications
• Recognise the duties and regulatory responsibilities of both professional and lay deputies
• Prepare and manage key Court of Protection applications and supporting documents
• Understand how the Court of Protection Rules operate in practice
• Identify practical advocacy considerations in Court of Protection proceedings
• Keep up to date with recent legal developments affecting Court of Protection practice
• Recognise common professional, procedural and ethical issues arising when representing vulnerable adults