Litigation friends and Rule 1.2 representatives in the Court of Protection
Litigation friends and Rule 1.2 representatives in the Court of Protection

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

  • Litigation friends and Rule 1.2 representatives in the Court of Protection
  • Representation and participation of P in Court of Protection proceedings
  • When is a litigation friend required?
  • Who may act as a litigation friend?
  • Description of parties where there is a litigation friend
  • Appointment of litigation friend without a court order
  • Appointment of litigation friend by court order
  • Procedure when the need for a litigation friend has come to an end
  • Court's power to prevent a person from acting as litigation friend or to order change
  • When is a Rule 1.2 representative required?
  • more

This Practice Note considers when a litigation friend or an accredited legal representative (ALR) or other representative (known collectively as Rule 1.2 representatives) is required in Court of Protection proceedings and who may act as a litigation friend or a Rule 1.2 representative. It also sets out the respective rules relating to the appointment and removal of litigation friends and Rule 1.2 representatives in the Court of Protection. Reference is made throughout to the relevant parts of the Court of Protection Rules 2017 (COPR 2017) and the Court of Protection Practice Direction 17A—Litigation friend (PD 17A) and Practice Direction 17B—Rule 1.2 representatives (PD 17B). For proceedings in the county court and High Court, reference should be made to the Civil Procedure Rules 1998, Pt 21—Children and Protected Parties.

Representation and participation of P in Court of Protection proceedings

Section 4(4) of the Mental Capacity Act 2005 (MCA 2005) requires a decision maker to permit and encourage P to participate as fully as is reasonably practicable in any act done for him or decision affecting him. To this end, COPR 2017, SI 2017/1035, r 1.2 requires the Court of Protection to consider in every case whether it should make one of the following directions concerning P’s participation or representation:

  1. P should be joined as a party

  2. P's participation should be secured