The Court of Protection Rules 2017

Circumstances in which P must be notified

Application form

7.4.—(1) P must be notified—

(a) that an application form has been issued by the court;

(b) that an application form has been withdrawn; and

(c) of the date on which a hearing is to be held in relation to the matter, where that hearing is for disposing of the application.

(2) Where P is to be notified that an application form has been issued, the person effecting notification must explain to P—

(a) who the applicant is;

(b) that the application raises the question of whether P lacks capacity in relation to a matter or matters, and what that means;

(c) what will happen if the court makes the order or direction that has been applied for; and

(d) where the application contains a proposal for the appointment of a person to make decisions on P’s behalf in relation to the matter to which the application relates, details of who that person is.

(3) Where P is to be notified that an application form has been withdrawn, the person effecting notification must explain to P—

(a) that the application form has been withdrawn; and

(b) the consequences of that withdrawal.

(4) The person effecting notification must also inform P that P may seek advice and assistance in relation to any matter of which P is notified.

Appeals

7.5.—(1) P must be notified—

(a) that an appellant’s notice has been issued by the court;

(b) that an appellant’s notice has been withdrawn; and

(c) of the date on which a hearing is to be held in relation to the matter, where that hearing is for disposing of the appellant’s notice.

(2) Where P is to be notified that an appellant’s notice has been issued, the person effecting notification must explain to P—

(a) who the appellant is;

(b) the issues raised by the appeal; and

(c) what will happen if the court makes the order or direction that has been applied for.

(3) Where P is to be notified that an appellant’s notice has been withdrawn, the person effecting notification must explain to P—

(a) that the appellant’s notice has been withdrawn; and

(b) the consequences of that withdrawal.

(4) The person effecting notification must also inform P that P may seek advice and assistance in relation to any matter of which P is notified.

Decisions and orders of the court

7.6.—(1) P must be notified of any decision of the court relating to P except for a case management decision.

(2) Where P is notified in accordance with this rule, the person effecting notification must explain to P the effect of the decision.

(3) The person effecting notification must also inform P that P may seek advice and assistance in relation to any matter of which P is notified.

(4) The person effecting notification must also provide P with a copy of any order relating to a decision of which P must be notified in accordance with paragraph (1).

Other matters

7.7.—(1) This rule applies where the court directs that P is to be notified of any other matter.

(2) The person effecting notification must explain to P such matters as may be directed by the court.

(3) The person effecting notification must also inform P that P may seek advice and assistance in relation to any matter of which P is notified.