Good practice guidance on accessing the Court of Protection
What happens when the Court makes a decision
Once the court has made a decision, every other party will receive a copy of this. The court’s decision is referred to as an ‘order’.
What if a party does not agree with the court’s decision? Open
If the decision was made without a hearing, or without notice to any person affected by the order
In this situation, you or any person affected by the decision may apply to the court for the decision to be reconsidered. You have 21 days to do this from the date you receive the decision and the application should be made using a COP9 (PDF) form.
If the decision was made at a hearing
In this situation, you or any other party, or any person affected by the decision, may ask for permission to appeal against the decision. You have 21 days to do this from the date you receive the decision and the application should be made using a COP35 (PDF) form.
Cost orders following a decision Open
When it comes to costs in court proceedings that concern personal welfare decisions, there is usually no order made, that is, if an application is unsuccessful, the applicant will not be liable to pay anything except their own costs. Therefore, an IMCA or family member will usually not be liable for the costs of the other parties unless they have acted wholly unreasonably in their conduct in bringing or acting in the case. This is explained further in paragraph 159 of the Court of Protection rules:
Departing from the general rule
159.—(1) The court may depart from rules 156 to 158 if the circumstances so justify, and in deciding whether departure is justified the court will have regard to all the circumstances, including:
- the conduct of the parties;
- whether a party has succeeded on part of his case, even if he has not been wholly successful; and
- the role of any public body involved in the proceedings.
(2) The conduct of the parties includes:
- conduct before, as well as during, the proceedings;
- whether it was reasonable for a party to raise, pursue or contest a particular issue;
- the manner in which a party has made or responded to an application or a particular issue; and
- whether a party who has succeeded in his application or response to an application, in whole or in part, exaggerated any matter contained in his application or response.
(3) Without prejudice to rules 156 to 158 and the foregoing provisions of this rule, the court may permit a party to recover their fixed costs in accordance with the relevant practice direction.