CRIMINAL JUSTICE AND COURTS ACT 2015 CIRCULAR 2015/01

CRIMINAL JUSTICE AND COURTS ACT 2015 CIRCULAR 2015/01 as relevant to the Court of Protection.

Section 62: Appeals from the Court of Protection 188.

Section 62 of the Act amends section 53 of the Mental Capacity Act 2005, rectifying an omission in relation to appeals from decisions at lower levels in the Court of Protection which was not addressed when the range of judicial office holders able to sit as judges of the Court of Protection was expanded in the Crime and Courts Act 2013. The need for the amendment does not arise from, but has been starkly highlighted by, the decision of the Supreme Court in what has become known as the ‘Cheshire West’ case.

That decision required a radical reassessment of cases in which it may now be considered that a person who lacks mental capacity to consent to care arrangements is deprived of liberty as a result of those arrangements, so that the authorisation of the court is required.

189. As a result, it is predicted that there will be a significant increase in the number of cases coming before the Court of Protection for declarations authorising deprivation of liberty.

190. To deal with the anticipated increase in workload, deputy district judges and judges from other jurisdictions are being deployed to the Court of Protection. However, the route of appeal in such cases would be directly to the Court of Appeal, thereby increasing workload in the appeal court also.

191. The section therefore harmonises the appeals process, enabling appeals from decisions of judges of equivalent level to district judges to go to a higher tier of judge within the Court of Protection and for the detailed arrangements to be set out in Court of Protection Rules. The approach prevents the Court of Appeal from being unnecessarily burdened by a significant increase in cases and allows the Court of Protection the flexibility to deal with resources efficiently. This, in turn, will reduce delays and the need for cases to be transferred to a different court, also providing greater consistency with how appeals are managed across other jurisdictions. Commencement Arrangements

192. Section 62 came into force on 12 February 2015 (by virtue of section 95 of the Act). Extent 193. These provisions will extend to England and Wales only.