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Court of Protection Practice and Procedure Conference 2016

A comprehensive guide to best practice and current thinking

Jordan Publishing are pleased to be sponsoring the STEP Annual Tax Conference 2016

Come and visit our stand in Bristol and London.

Private Client Law

01 APR 2015

Authorised Court Officers in the Court of Protection (£)

Authorised Court Officers in the Court of Protection (£)
James Batey, Authorised Court Officer

Over three-quarters of all applications made to the Court of Protection are not decided by judges at all, but by court staff known as Authorised Court Officers (ACOs). ACOs are senior and experienced civil service court staff, who are authorised to make decisions on straightforward, uncontested applications to the Court of Protection, which previously were decided by judges. About 94% of the Court of Protection’s workload involves property and financial matters, and around 90% of those applications are non-contentious, and raise no important points of law or principle. The processes for deciding such cases are largely administrative; including checking that the right information is received, ensuring that the relevant provisions of the Court of Protection Rules 2007 (CoPR) have been followed, and arranging for court-appointed deputies to take out a security bond (insurance). The court decision does not involve weighing up competing claims or applying complex legal principles, but is a straightforward enabling action, to appoint a deputy so the deputy and family members can then lawfully make the necessary decisions for the person lacking capacity.

This article examines the role of ACOs, and evaluates how well they have operated in practice since their introduction three years ago.

The full version of this article appears in issue 1 of 2015 of Elder Law Journal.

If you subscribe to the journal please click here to read the full article.

For details on how you can subscribe to Elder Law Journal or for any offers, please contact a member of our sales team: Tel 0117 918 1555, or email: sales.manager@jordanpublishing.co.uk
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Court of Protection Law Reports

Court of Protection Law Reports

"The Court of Protection Law Reports are an invaluable resource for practitioners, enabling them...

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