Human rights and the Court of Protection
Human rights and the Court of Protection

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

  • Human rights and the Court of Protection
  • The Human Rights Act 1998 and the European Convention on Human Rights
  • The procedure for relying on the ECHR in the course of proceedings
  • Human rights and best interests
  • Remedies for breaches of human rights

Produced in partnership with Alex Ruck Keene and Michelle Pratley both of 39 Essex Chambers.

Produced in partnership with the Legal Action Group, publishers of the Court of Protection Handbook, from which parts of this Practice Note are taken.

BREXIT IMPACT: The UK has voted to leave the EU and is due to leave on exit day, as defined in section 20 of the European Union (Withdrawal) Act 2018.. Brexit will have no automatic impact on the Human Rights Act 1998 (HRA 1998), or the incorporation of the European Convention on Human Rights (ECHR) provided for by the HRA 1998. Nor will it automatically lead to the UK withdrawing its membership from the Council of Europe, which is the parent body of the ECHR and the European Court of Justice and is an entirely separate body from the European Union.

For further guidance on the impact of Brexit on the HRA 1998, see: What does Brexit mean for the Human Rights Act 1998?.

The issues for determination in the welfare jurisdiction of the Court of Protection are often deeply personal and almost always involve the exercise of state power over an individual: for instance by placing restrictions on contact between the protected person (P) and their family. It is therefore unsurprising that human rights permeate all aspects of the court’s decision making.