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Decision making in respect of health and welfare

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Latest Family News

Request for transfer of jurisdiction in public law proceedings pursuant to Article 9 of the 1996 Hague Convention

Request for transfer of jurisdiction in public law proceedings pursuant to Article 9 of the 1996 Hague Convention

The following Family news provides comprehensive and up to date legal information on Request for transfer of jurisdiction in public law proceedings pursuant to Article 9 of the 1996 Hague Convention

Family monthly highlights—July 2021

Family monthly highlights—July 2021

The following Family news provides comprehensive and up to date legal information on Family monthly highlights—July 2021

Consultation response on increasing the NMPA—key aspects and implications for pension schemes

Consultation response on increasing the NMPA—key aspects and implications for pension schemes

The following Family news provides comprehensive and up to date legal information on Consultation response on increasing the NMPA—key aspects and implications for pension schemes

Court of Appeal upholds ruling that PPF compensation cap amounts to unlawful age discrimination (Secretary of State for Work and Pensions and Board of the PPF v Hughes)

Court of Appeal upholds ruling that PPF compensation cap amounts to unlawful age discrimination (Secretary of State for Work and Pensions and Board of the PPF v Hughes)

Court of Appeal upholds ruling that PPF compensation cap amounts to unlawful age discrimination (Secretary of State for Work and Pensions and Board of the PPF v Hughes)

Featured Family content

Interim orders in public children proceedings

Interim orders in public children proceedings

Interim orders in public children proceedingsThis Practice Note sets out the requirements in relation to interim orders in public children proceedings...

Notice of acting

Notice of acting

Case number [insert number][In the principal registryORIn the [insert court location] FAMILY court]Sitting at [insert place]Notice of...

The no order principle

The no order principle

The no order principleThis Practice Note explains the no order principle contained in section 1(5) of the Children Act 1989 (ChA 1989). It explains...

Restrictions on decree being made absolute—divorce

Restrictions on decree being made absolute—divorce

Restrictions on decree being made absolute—divorceWhen considering an application for decree nisi to be made absolute the district judge must have...

Practice notes

Private children—paramountcy of the child's welfare

Private children—paramountcy of the child's welfareThe paramountcy principleWhen any court determines any question with respect to:•the upbringing of...
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19th May
Q&As

What is the procedure to enforce a penal notice attached to an order as to the filing of a Form E?

What is the procedure to enforce a penal notice attached to an order as to the filing of a Form E?The first step is to ensure that the penal notice is...
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Produced in partnership with Katherine Illsley of 4 King’s Bench Walk 19th May
Practice notes

Capitalised maintenance—Duxbury calculations

Capitalised maintenance—Duxbury calculationsThe basis of Duxbury calculationsA Duxbury calculation is an actuarial calculation designed to identify...
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19th May
Practice notes

Writ or warrant of possession of land

Writ or warrant of possession of landA writ (High Court) or warrant (Family Court) of possession of land can be used to give effect to an order that...
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Produced in partnership with David Salter, deputy High Court judge and Recorder 19th May
Practice notes

The Pensions Ombudsman—key decisions and cases up to 2017 [Archived]

The Pensions Ombudsman—key decisions and cases up to 2017 [Archived]ARCHIVED: This Practice Note has been archived and is not maintained. It looks at...
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Produced in partnership with David Gallagher of Fieldfisher 19th May
Practice notes

Filing the divorce petition and supporting documents

Filing the divorce petition and supporting documentsThis Practice Note explains what documents must be filed with the petition when commencing...
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19th May
Q&As

‘Associated persons’ as defined in section 62(3) of Family Law Act 1996 includes people who have, or have had, an intimate personal relationship with each other which is or was of significant duration. How is ‘significant duration’ defined and how long is considered significant?

‘Associated persons’ as defined in section 62(3) of Family Law Act 1996 includes people who have, or have had, an intimate personal relationship with...
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19th May
Practice notes

Desertion

DesertionThe Family Procedure Rules 2010, SI 2010/2955 (FPR 2010) have introduced a change in the terminology in divorce proceedings. There are...
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19th May
Q&As

Can a Sears Tooth agreement be entered into in relation to proceedings under the Trusts of Land and Appointment of Trustees Act 1996 (TOLATA 1996)?

Can a Sears Tooth agreement be entered into in relation to proceedings under the Trusts of Land and Appointment of Trustees Act 1996 (TOLATA...
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Produced in partnership with Katherine Illsley of 4 King’s Bench Walk 19th May
Practice notes

Permission to apply for a section 8 order

Permission to apply for a section 8 orderCoronavirus (COVID-19): Guidance has been issued, including by the President of the Family Division,...
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19th May
Practice notes

Void and voidable marriages

Void and voidable marriagesThe Matrimonial Causes Act 1973 (MCA 1973) sets out the grounds on which a marriage is void or voidable and the bars...
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19th May
Q&As

Where an application has been made to extend the term of a non-molestation order, and a hearing listed, can the extension be agreed by consent? If so, what evidence will the court require in order to approve the order?

Where an application has been made to extend the term of a non-molestation order, and a hearing listed, can the extension be agreed by consent? If so,...
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Produced in partnership with Chris Bryden of 4 King’s Bench Walk 19th May
Practice notes

Reports under section 37 of the Children Act 1989

Reports under section 37 of the Children Act 1989Under section 37 of the Children Act 1989 (ChA 1989), the court has the power to order an...
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Produced in partnership with Katherine Illsley of 4 King’s Bench Walk 19th May
Practice notes

General principles—lump sum orders

General principles—lump sum ordersThis Practice Note sets out the general principles to be applied by the court when considering whether to make a...
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19th May
Practice notes

Divorce centres [Archived]

Divorce centres [Archived]ARCHIVED: This archived Practice Note provides information following the creation of divorce centres and the centralised...
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19th May
Practice notes

Application to vary, extend or discharge a non-molestation or occupation order

Application to vary, extend or discharge a non-molestation or occupation orderCoronavirus (COVID-19): Guidance has been issued, including by the...
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19th May
tag iconCOVID-19

Most recent Decision making in respect of health and welfare content

Q&As

Does a local authority need to apply to the Court of Protection for a personal welfare order in order to transfer an objecting and incapacitated adult from home to a care home at which a standard authorisation of the deprivation of liberty is to be granted by the Supervisory Body?

Does a local authority need to apply to the Court of Protection for a personal welfare order in order to transfer an objecting and incapacitated adult...
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1st Aug
Q&As

Can you get a child arrangements order for contact with a disabled adult (who is also your offspring and does not have full capacity) and what are the provisions for doing so?

Can you get a child arrangements order for contact with a disabled adult (who is also your offspring and does not have full capacity) and what are the...
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1st Aug
Q&As

Where a property is owned as beneficial joint tenants and the first co-owner has lost capacity, will an order from the Court of Protection be required in order for the property to be sold? If the second co-owner has appointed a third party as their attorney and the second co-owner loses capacity, will this affect the ability to sell of the property? Would a deputyship order be appropriate in these circumstances?

Where a property is owned as beneficial joint tenants and the first co-owner has lost capacity, will an order from the Court of Protection be required...
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1st Aug
Q&As

A person has a right to remain and live in a property which is owned by others until their death, provided that they maintain and insure the property. This person has dementia and is a possible harm to themselves and has not been maintaining the property. What steps should the owners take to safeguard the property and the occupant?

A person has a right to remain and live in a property which is owned by others until their death, provided that they maintain and insure the property....
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1st Aug
Q&As

In what circumstances should an application be made for the Court of Protection to consider the exercise of its powers under sections 16 and 17 of the Mental Capacity Act 2005 in respect of deciding where a person lacking capacity to make the decision should live?

In what circumstances should an application be made for the Court of Protection to consider the exercise of its powers under sections 16 and 17 of the...
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31st Jul
Practice notes

Human rights and the Court of Protection

Human rights and the Court of ProtectionThe issues for determination in the welfare jurisdiction of the Court of Protection are often deeply personal...
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Produced in partnership with Alex Ruck Keene of 39 Essex Chambers 31st Jul
Practice notes

Welfare and health decision making in the Court of Protection

Welfare and health decision making in the Court of ProtectionNote that this Practice Note does not address specific practice alterations caused by the...
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Produced in partnership with Alex Ruck Keene of 39 Essex Chambers 31st Jul
Practice notes

Fact-finding hearings in the Court of Protection

Fact-finding hearings in the Court of ProtectionA fact-finding hearing will be required in some welfare cases in the Court of Protection to resolve...
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Produced in partnership with Alex Ruck Keene and Michelle Pratley of 39 Essex Chambers 31st Jul
Practice notes

Serious medical treatment cases in the Court of Protection

Serious medical treatment cases in the Court of ProtectionMedical treatment of those without capacity to consentGenerally, it is the patient's (P’s)...
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Produced in partnership with Alex Ruck Keene of 39 Essex Chambers 31st Jul
Practice notes

Independent mental capacity advocates

Independent mental capacity advocatesNote that this Practice Note addresses only English law. Following devolution there are now differences between...
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31st Jul
Practice notes

Safeguarding and the Court of Protection

Safeguarding and the Court of ProtectionSafeguarding issues frequently underpin or arise in welfare proceedings in the Court of Protection and this...
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Produced in partnership with Alex Ruck Keene of 39 Essex Chambers 31st Jul
Practice notes

Urgent applications in the Court of Protection

Urgent applications in the Court of ProtectionNote that this Practice Note does not address specific practice alterations caused by the COVID-19...
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Produced in partnership with Alex Ruck Keene of 39 Essex Chambers. 31st Jul

Popular documents

179. List of offences triable either way.

179. List of offences triable either way.

Without prejudice to any other enactment by virtue of which any offence is triable either way1, the following offences are triable either way2: (1)     offences at common law of public nuisance3; (2)     an offence at common law of outraging public decency4; (3)     administering an oath etc

Direct effect of EU law

Direct effect of EU law

Direct effect of EU lawWhat is direct effect of EU law?The doctrine of direct effect is a fundamental principle of EU law developed by the Court of Justice of the European Union in Van Gend en Loos. It is a mechanism through which individuals can enforce rights in Member States’ courts, based on EU

ECHR, art 5(4)—rights and duties

ECHR, art 5(4)—rights and duties

ECHR, art 5(4)—rights and dutiesThe scope of article 5(4) Article 5(4) of the European Convention of Human Rights (ECHR) provides that: 'Everyone who is deprived of his liberty by arrest or detention shall be entitled to take proceedings by which the lawfulness of his detention shall be decided

Working with counsel

Working with counsel

Working with counselInstructing counsel to advocate on a client’s behalf should be a matter of careful thought and preparation. The role of counsel is to provide independent objective advice and to deploy the skill of advocacy on behalf of the client. Although they are part of a team, they also