Court of Protection lawyers misunderstood by the public
It's difficult to convince clients that we can be completely trusted to give the right information, says Fiona Heald When considering what challenges Court of Protection lawyers face, many spring to mind.
First, who are you acting for? The
person who needs help cannot
give instructions.
Next there’s the fees the court charge and the time taken for orders to be obtained, which is usually months, plus the time taken for the official solicitor to deal with your case then getting them to explain just why their proposals are in your client’s
best interests.
Finally, there’s the changing landscape. Each case may alter what you can achieve for your client.
These issues have been around for the last two decades and will
no doubt continue on a daily basis.
On reflection, the biggest challenge I face is the press, adult services or others misinforming the public about our work.
The Court of Protection has always been reputed to be slow and expensive. There has also been much in the media about the ‘secret courts’ and their control over people’s lives.
This has led to mistrust and ignorance about the good that the court can and will do.
In a recent case, the court was hauled over the coals for “allowing” someone to take money from an old lady. In reality, the court was the only institution to take action against the gardener in question. The CPS had decided there was insufficient evidence for a criminal prosecution, but this detail was buried in the piece. Articles such as these often contain a mass
of confusion.
Consequently, even when it would be the best option available, the family concerned don’t want anything to do with the court.
Previously, you would have suggested a way forward and warned them of the delay in obtaining the order, but now the family will not even proceed. They would rather wait until the issue becomes an emergency rather than make an application.
However, my greatest bugbear is when someone is in need of care. Even clients who come to you because of your expertise can repeat hand-me-down advice given by adult services or the ‘mate down the pub’ that has been, often unwittingly, misinterpreted.
It’s difficult to convince clients that we can be completely trusted to give the right information. In the end, the difference that we make to people’s lives on a daily basis is what enables most of us
to get up in the morning and go
to work. SJ
Fiona Heald is a solicitor and head of court protection at Moore Blatch