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Court of Protection Update from Adrian Hawley

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If you didn’t make it to the last Court of Protection User Group Meeting on 22 October 2025 – here’s a quick summary from Adrian Hawley.

  1. Court Operations & Staffing
    • London Court of Protection team formally joined the National Services Directorate to improve consistency and resilience. (The National Services Directorate supports users, the judiciary and HMCTS colleagues to process cases outside courts and hearing centres. They are responsible for back-office administration of courts and tribunals services, like call handling and management of paper and digital services).
    • 88% of COP work is processed through the London hub; 12% via regional courts.
    • Ongoing staff shortages: 7 vacancies, reliance on agency staff; recruitment underway.
    • New appointments: Authorised Court Officer and two Technical Case Handlers joining in November.
  2. Application Processing & Performance
    • Digital applications acknowledged within 13 days; paper applications within 5 days.
    • Final orders issued on day 8 (paper) and day 11 (digital).
    • Complaints highlight recurring staff errors; spot checks introduced to improve accuracy.
    • Call answer rate at 70%; new telephony licences purchased to improve service.
  3. Mental Capacity Policy Update
    • Baroness Levitt KC now responsible for MCA; visit scheduled to First Avenue House on 27th October 2025.
    • Liberty Protection Safeguards (LPS) consultation expected early 2026 operated by the DHSE.
    • Supreme Court hearing underway on valid consent to deprivation of liberty; judgment due March 2026.
    • Ongoing discussions with banking authorities; RTM minutes to be shared.
  4. Court Listing Concerns
    • East Sussex County Council raised issues with block listing of COP hearings (e.g., 11 hearings on one day).
    • Resulting pressure on legal teams and increased reliance on external counsel.
    • New judge appointed to reduce block listings from December 2025.
  5. Mazur Concerns
    • Will the court comment on the Mazur Judgment on applications to the Court of Protection by Chartered Legal Executives and others?  HHJH confirmed the matter is being considered at the highest level and the Rules Committee and no further comment made.
  6. COPDOL11 & Rule 1.2 Representatives
    • Rise in “Maybe” orders due to gaps in applications, especially around Rule 1.2 reps.
    • Concerns over rejection of family members as reps—even when not involved in care.
    • Judges emphasised need for objectivity in reps and case-by-case consideration.
    • Applicants urged to explain rep suitability clearly in applications.
  7. Deputyship & Directions Orders
    • Confusion over inconsistent issuance of Deputy Orders and Directions Orders.
    • Recommendation: submit drafts of both to avoid delays.
    • Security settings may affect timing of Deputy Orders.
  8. Appointee Communication Issues
    • Case raised where appointee was not informed of deputy appointment, causing access issues.
    • Court staff reminded to share orders; applicants should flag appointee status clearly.
  9. Placement Changes & DOLS
    • COP9 with COP24 acceptable for address-only changes, but full application may be needed if care changes.
    • Tenancy changes can be included if capacity evidence is sufficient.
  10. Final Hearing Fees
    • Inconsistency between London and Reading hubs.
    • London charges fee if final order is made at hearing, regardless of listing.
    • HMCTS to align practices across regional hubs.
  11. Next Meetings
    • 21 January 2026 at 2pm (MS Teams)
    • 15 April 2026 at 2pm (MS Teams)