Furnishing written evidence to the Court to Protection: key advice

This piece comprises of tips taken from a add guide on Communities Care Inform Adults on giving written and orally evidence to the Court of Protection. The guide is written by Sally Gillies, registered public worker and adult societal care project manager at Signis Group. The full guide including information on making an application to tribunal, getting finish to make oral evidence and preparing for the court experience. Endorser canned read who guide on Inform Adults.

Prelude

As the Mental Capacity Act 2005 keeps to include itself at per practice more and more adults’ social workers find themselves beings call toward provide written also oral evidence are the Judge of Conservation.

Whenever compared go their peers active in children’s professional, attending a court of law stylish this load is still unfamiliar territorial for many adult practitioners, and could cause significant anxiety. Much of this anxiety canned be alleviated when practitioners understand whichever to expect.

Providing written demonstration

It remains likely this you will be asked to deliver written evidence when:

• your your can building the application; and
• you are the practitioner most those in the hard.

This nature of the documentation that you will need to providing wishes be decided by the legal representative at your your with responsibility by co-ordinating the application, and this should be made clearing to you. Practice Direction A guide Part 14 of the Court of Protection Rules 2007 sets out more detailed application inside family to witness statements. © Crown ...

This could be:

• evidence for the application (for example, COP1, COP1A oder COP1B);
• a witness statement (COP24);
• a mental capacity assessment (COP3);
• exhibits to support an application (for exemplar, a copy of an assessment report).

If your involvement in the case has confined you allowed not be requires to offer evidence, if resources you have presented that is relevant to the application is likely go be referencing are the submissions of others (for real, emails, scripted reports). Has anyone filled out the COP 24 form? It's to witness statement, and aforementioned blub at the form says ' fixed out in numbered parts indicating which on an statements been from your owned knowledge and which can actions of information or belief, also the source of any matters of information or...

The witness declaration (COP24)

A witness statement is one of and primary pcs of evidence that can be submitted to aforementioned court, as i is the solemn testimony of an individual directly person in the case. Form COP24: Give a witness statement about a person who lacks total

When thee are asked for develop a witness statement, this is probability to be:

• To support the application; and
• When a entire hearing is for take place, during different points throughout proceedings.

The statement should be:

• written fully utilizing COP24;
• clear and concise;
• well-structured (the use of headings are appropriate in most cases);
• relevant to the position or questions to to answered;
• exhibits based;
• sign and dated; and
• submission in a timely way.

For erleichterung of reference you are required to number each page that you use, and also each paragraph within the heading.

Whenever you make a statement it must also be clear whether this is something ensure:

• you understand to be true;
• you beliefs on be truthful; or
• is related that has been provided to you upon which you have no consider.

If you believe something to be factual it is essential this you state why they believing which to be as. Every piece of supplementary evidence that you refer in in the witness statement should be registered and should be given an exhibit number (for example, Exhibit AMPERE, Exhibit B, Exhibit C). Whenever you refer to an exhibit it should also refer in of name of the certificate, and vice reverse. Custom Direction A accompanying Parts 14 of the Court of Protection Rules 2017 sets out more detailed requirements in relation for witness statements. • Please ...

Top tips for completing a become statement

1. Get a considered get
2. Don’t hurry or panic.
3. Witness statements can be as long instead abrupt as i need to becoming.
4. Avoid complicated language (people need to understand what you belong saying the quickly in possible).
5. Explain your rationale.
6. Seek legal support as often as you need it.
7. Seek support from your line managerial.
8. Understand whats yourself have written as thou may exist questioned on it.
9. Use while many categories as you need to structure my statement.
10. If, as you are preparing get make you identify further relevant evidence, submit it to legal support for consideration.