Court of Protection—allocation of proceedings
Court of Protection—allocation of proceedings

The following Private Client guidance note provides comprehensive and up to date legal information covering:

  • Court of Protection—allocation of proceedings
  • Allocation to case pathways
  • The personal welfare pathway
  • The property and affairs pathway
  • The mixed welfare and property pathway
  • Allocation to a judge
  • Court's general discretion as to allocation
  • Allocation to court officers
  • Case management powers of authorised court officers
  • Reconsideration of decisions

The Court of Protection Rules 2017 (COPR 2017) have the overriding objective of enabling the court to deal with a case justly and at proportionate cost, having regard to the principles contained in the Mental Capacity Act 2005 (MCA 2005). Under COPR 2017, r 1.3, the Court of Protection (the court) has the duty to actively manage cases by:

  1. considering the appropriate case pathway for the case, and

  2. ensuring that the appropriate level of judge (or authorised court officer) is allocated to the case and, as far as possible, ensuring judicial continuity

Allocation to case pathways

COPR 2017, r 3.9 provides for the allocation of cases to case management pathways. There are three case management pathways, as follows:

  1. the personal welfare pathway

  2. the property and affairs pathway, or

  3. the mixed welfare and property pathway

Each case should be allocated to one of the above pathways on issue unless it falls within one of the following classes of excepted cases:

  1. uncontested applications

  2. applications for statutory Wills and gifts

  3. applications made by the Public Guardian

  4. applications in Form COPDOL 11 or in Form DLA (deprivation of liberty), and

  5. applications under MCA 2005, Sch 3 relating to the international protection of adults

However, the court may direct that a case shall be allocated to a case pathway notwithstanding that it is in an excepted class