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Centre for Policy on Ageing | |
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| The role of the Court of Protection in safeguarding | | Author(s) | Alex Ruck Keene, Kelly Stricklin-Coutinho, Henry Gilfillan |
| Journal title | Journal of Adult Protection, vol 17, no 6, 2015 |
| Publisher | Emerald, 2015 |
| Pages | pp 380-390 |
| Source | www.emeraldgrouppublishing.com/jap.htm |
| Keywords | Protection [vulnerable adults] ; Cognitive processes ; Cognitive impairment ; Court of protection ; Law. |
| Annotation | The purpose of this paper was to outline how questions relating to capacity arise in the context of safeguarding, and when applications to the Court of Protection are required in relation to those who may lack capacity. It also sought to provide guidance as to how applications to the Court of Protection should be made so as to ensure that they are determined effectively and in a proportionate fashion. The paper drew on the practical experience of practising barristers appearing before the Court of Protection, and on the experience of a social worker who was an MCA/DOLS lead at a London local authority. Overall study findings showed that when to go to the Court of Protection in the safeguarding context is poorly understood, and there has not been proper recognition of the fact that proceedings for `adult care orders' have a strong forensic analogy with applications for care orders in relation to children. It is only by recognising these forensic similarities that local authorities can make proper use of the Court of Protection in the discharge of their duties to vulnerable adults in their area. (JL). |
| Accession Number | CPA-160115211 A |
| Classmark | CA3G: DA: E4: JVC: VR |
Data © Centre for Policy on Ageing |
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| ...from the Ageinfo database published by Centre for Policy on Ageing. |
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