An “admirably honest” first report by the Court of Protection highlights how the court has struggled under a high volume workload.
The court, which was set up in October 2007 under the Mental Capacity Act 2005, makes decisions for people who lack capacity. As the public guardian, it must make decisions behind closed doors about its wards’ best interests. This has led to it being branded “secretive” in some quarters of the media.
Its first report shows it has suffered several teething problems.
Introducing the report, Denzil Lush, senior judge, said: “The court has had to endure more than its fair share of setbacks, which were caused in the main by a failure to anticipate...the volume of work that would inundate the court during the initial transitional period, and the overall burden it would place on the judges and staff.”
Typical criticism levelled against the court, Lush said, is that its procedures are too “bureaucratic and time-consuming”. The court required six judges to cope with its workload but has had to make do with four.
However, Lush said that the court's procedures are currently under review and should become more efficient in time.
David Hewitt, partner, healthcare, Weightmans LLP, says: “It is an admirably honest document that makes no attempt to ignore or even minimise the criticisms that have been made of the new court.
“That said, some sensible improvements are being made and it is likely that their effect will soon be felt. Overall, the benefits the court has brought will soon substantially outweigh the disbenefits.”
