THIS DOCUMENT IS NOT VALID UNLESS IT BEARS THE Web viewauthor: ar created date: 12/13/2016 07:37:00...
Transcript of THIS DOCUMENT IS NOT VALID UNLESS IT BEARS THE Web viewauthor: ar created date: 12/13/2016 07:37:00...
IN THE COURT OF PROTECTION Case No: «cop_case_no»
IN THE MATTER OF THE MENTAL CAPACITY ACT 2005
IN THE MATTER OF A PROPOSED APPLICATION
RE «pforename» «psurname»
made by District Judgeat First Avenue House, 42 - 49 High Holborn, London, WC1V 6NP [or Regional Court address] on [date]
UPON [ insert proposed applicant ] filing a new application dated [date]
WHEREAS the application does not comply with the requirements of paragraph 4.3 of the Practice Direction to the Case Management Pilot as indicated in the schedule attached to this order
IT IS ORDERED THAT:
1. The application is stayed pending the deficiencies set out in the schedule to this order being addressed so as to comply with the requirements set out at paragraph 4.3 of the Case Management Pilot Practice Direction.
2. If the deficiencies set out in the schedule to this order have not been addressed by 4pm on [21 days] the application shall stand automatically struck out without further order.
3. This order was made without a hearing and without notice. Any person affected by it may apply (on form COP9) within 21 days of the date on which the order was served, to have the order set aside, pursuant to Rule 89 of the Court of Protection Rules 2007.
SCHEDULE
Draft order / Explanation of the order sought
Explanation why an order is sought
Explanation of nature of the dispute
Statement of what is expected of P’s family/other connected individuals
Names of key people involved in the case
Nature of involvement of key people in the case
List of options for P
Needs and/or Risk assessment
Support plan
Evidence of consultation with key individuals/agencies
Confirmation of best interests meeting and copy of minutes
Relevant medical evidence
Medical report on capacity
How P can be supported to maximise decision-making capacity
Likely public law challenge?
How is P to be involved in the case?
Why is the case is urgent?
Deadline?
Are all or some issues urgent and which?
Steps in PD 4.2 that cannot be taken due to urgency.