Is the Court of Protection Failing Due to an Overload of Cases?

New research has revealed that the Court of Protection is now hearing in excess of 4,000 cases each year – more than 20 times what was originally anticipated when the Court was set up in 2007 – which is causing delays of up to nine months for care decisions.

Annabelle Vaughan, Partner and Head of the Vulnerable People and Court of Protection team at law firm Coffin Mew had this to say for Lawyer Monthly: “The Court of Protection is subject to long delays, primarily due to its workload. Since its inception, case law has radically altered the scope of the Court’s work and increased the amount of cases that need to go to Court. There is also better awareness amongst professionals working with vulnerable adults that they cannot run roughshod over their rights. This is a positive development but this, combined with an ageing population, inevitably means that more cases are going to Court.
 
“Unfortunately, it is not always the case that an organisation that has faced a costly Court battle learns its lessons and improves its practices. Improvements in the care settings and the public sector would improve matters but, as ever, this would put more demand on already stretched resources. 
 
“Whilst there are some decisions that have to be made by the Court, in most cases parties should try and work together to mitigate problems and resolve points of dispute. Individuals should not be deterred from pursing their rights and should seek advice regarding funding of their cases and in certain circumstances whether damages may be due to them.”