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Court of Protection

Welcome to our Court of Protection blog featuring updates, guidance and news from the Wrigleys team.

Court of Protection Home

Kate Edwards
January 16, 2020 - Guidance

In circumstances where a deputy or attorney is acting for someone (I will call them ‘P’ because that is the way they are referred to in the Mental Capacity Act 2005), that person usually has other day to day care needs. In this blog I am going to look at making payments to recognise the […]


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A Amuraritei
December 19, 2019 - Guidance

As the holiday season dawns upon us, so does a newly elected government following the recent general election with a turnout of just under 32 million voters – approximately half the population of the UK! Prior to the election, I had overheard a conversation between one of our paralegals and one of our clients, a […]


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Lynne Bradey Court of Protection specialist based in Sheffield wiht knowledge of HMRC grant for vulnerable people
October 15, 2019 - Guidance

Some of the Wrigleys team recently attended the excellent Capacity, the Internet and Social Media conference organised by the Brain Injury Group.  We were treated to very practical and helpful sessions from an eclectic mix of speakers. The main takeaway points for us were: The concerns we have over vulnerability aren’t unique to the internet […]


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Thomas Mundy
September 3, 2019 - Guidance

The Office of the Public Guardian (OPG) has released guidance about its complaints and feedback procedure. The guidance can be found here. The guidance only relates to services the OPG provides and not any other body such as the Court of Protection or the High Court. The guidance details the information you will need to […]


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Kate Edwards
August 29, 2019 - Guidance

The recent case of FL v MJL [2019] EWCOP 31 looked at the authority of a deputy to make gifts from the surplus income of the person whose funds he manages. MJL is a very wealthy individual with wealth of around £17,000,000 resulting in an income in the region of £123,000 but the court’s decision […]


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Lynne Bradey Court of Protection specialist based in Sheffield wiht knowledge of HMRC grant for vulnerable people
August 6, 2019 - Guidance

The Office of the Public Guardian has just published guidance on how it deals with safeguarding concerns. Court of Protection expert Lynne Bradey explores the guidance note.


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Lynne Bradey Court of Protection specialist based in Sheffield wiht knowledge of HMRC grant for vulnerable people
June 18, 2019 - Guidance

The Mental Capacity (Amendment) Act 2019 has received Royal Assent. That means that the new liberty protection safeguards (LPS) will replace the current deprivation of liberty safeguards (DoLs).  The LPS are due to come in in 2020 although there might be a period when the two regimes overlap. The LPS apply to people aged sixteen […]


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Lynne Bradey Court of Protection specialist based in Sheffield wiht knowledge of HMRC grant for vulnerable people
June 4, 2019 - Guidance

People who become the subject of Court of Protection proceedings often do so at a time when their life has been impacted by a significant event, or when they are going through substantial change. One of the clear principles of the Court, and of the framework of the Mental Capacity Act 2005, is that capacity […]


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Lynne Bradey
May 28, 2019 - Guidance

The Office of the Public Guardian has issued guidance for attorneys and deputies thinking of investing money for the person whose affairs they look after. The note reminds attorneys and deputies that they can’t do whatever they like with the person’s money, that the person should be supported to make decisions themselves where possible, and […]


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Lynne Bradey
March 5, 2019 - Guidance

The internet, and particularly social media, can provide disabled persons with a great opportunity to express themselves, learn new skills and information, locate support, and interact with others. Sadly, it is not without its dangers. The NSPCC reported this month that over 5,000 online child grooming offences were recorded by police in England and Wales. […]


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Lynne Bradey Court of Protection specialist based in Sheffield wiht knowledge of HMRC grant for vulnerable people
October 23, 2018 - Guidance

What happens if you instruct your attorney to assist your suicide in your Lasting Power of Attorney? In this case, the Public Guardian made nine applications to the Court of Protection because he had received nine Lasting Powers of Attorney with provisions relating to euthanasia or assisted suicide. Some of the LPAs appeared to have […]


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April 17, 2018 - Guidance

Case reference ET v JP 2018 EWHC 685 Ch Which Court? If you want the Court to vary a trust with minor beneficiaries but one of those beneficiaries lacks capacity, do you go the Court of Protection or the High Court? Answer – the High Court every time. In this case, the parties could have […]


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17 Jan 2020

Ethical veganism is a philosophical belief subject to protection under the Equality Act 2010

Employment tribunal judge was 'overwhelmingly' satisfied that ethical veganism met the necessary tests

13 Jan 2020

Threat to dismiss employee for refusing to work for client after Working Time Regulations breach was a detrimental act

EAT: threat was materially influenced by employee's refusal to work at site after rest break refused.

10 Jan 2020

Exempt Charity Status – What does this mean for Schools and Academies?

We look here at what it means for a school or academy trust to be an exempt charity and how they can comply with their duties.