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Voices of vulnerable people

Elizabeth Eyre considers the role of practitioners in ensuring the wishes and feelings of vulnerable people are placed at the heart of decision making in the Court of Protection

14 February 2017

Almost 18 months have passed since practice direction 2A was issued on 1 July 2015. The practice direction was intended to emphasise the importance of ensuring that P takes part in Court of Protection proceedings where appropriate and that the court is properly informed about P’s situation. It is designed to ensure P’s participation in proceedings is proportionate to the issues involved and the nature of the decisions, without causing what is described as ‘excessive delay’.

More recently, on 3 November 2016, Mr Justice Charles also released practical guidance as to how practitioners might enhance the participation of P in proceedings about him or her. While this guidance is primarily directed towards health and welfare cases in the court, it is also likely to be of assistance in some property and affairs cases, especially as the two are so often linked.P’s voice

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