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A court for the absent & missing

09 February 2018 / Alex Cisneros
Issue: 7780 / Categories: Features , Profession
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Alex Cisneros asks whether extending jurisdiction to missing people will overstretch the Court of Protection

  • The jurisdiction of the Court of Protection is being extended to include ‘missing’ people.
  • The extension raises human rights and right to property questions.
  • Some 50 to 300 applications could be made, adding pressure on the court’s already stretched resources.
  • ‘Missing’ can include someone detained in prison.

If you have an elderly or disabled relative, there is a good chance that you will have at least heard of the Court of Protection. Created by the Mental Capacity Act 2005, the court makes decisions on behalf of people who do not have the capacity to make decisions for themselves. It makes finely balanced best interests assessments and oversees the appointment, functioning and discharge of deputies and attorneys.

Since its inception, its workload has skyrocketed. This influx of cases was accelerated by the Supreme Court case of P v Cheshire West and Chester Council; P and Q v Surrey County Council [2014] UKSC 19. This

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NEWS
Robert Taylor of 360 Law Services warns in this week's NLJ that adoption of artificial intelligence (AI) risks entrenching disadvantage for SME law firms, unless tools are tailored to their needs
The Court of Protection has ruled in Macpherson v Sunderland City Council that capacity must be presumed unless clearly rebutted. In this week's NLJ, Sam Karim KC and Sophie Hurst of Kings Chambers dissect the judgment and set out practical guidance for advisers faced with issues relating to retrospective capacity and/or assessments without an examination
Delays and dysfunction continue to mount in the county court, as revealed in a scathing Justice Committee report and under discussion this week by NLJ columnist Professor Dominic Regan of City Law School. Bulk claims—especially from private parking firms—are overwhelming the system, with 8,000 cases filed weekly
Charles Pigott of Mills & Reeve charts the turbulent progress of the Employment Rights Bill through the House of Lords, in this week's NLJ
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