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1 - Introduction

Published online by Cambridge University Press:  17 September 2022

Jaime Lindsey
Affiliation:
University of Essex
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Summary

Chapter 1 provides an introduction to the work of the Court of Protection (CoP) and mental capacity law, before setting out the core concepts and arguments of the book. The key argument is that the CoP has not effectively achieved access to justice for the subject of proceedings, particularly through its failure to sufficiently place their voice and participation at the centre of its work. This chapter outlines the key issues raised, including the extent to which CoP proceedings involve people affected by its decisions, the type of evidence it considers in reaching decisions on mental capacity and best interests, the ways in which its processes and spaces operate, and use of alternative ways of resolving CoP disputes.

Type
Chapter
Information
Reimagining the Court of Protection
Access to Justice in Mental Capacity Law
, pp. 1 - 34
Publisher: Cambridge University Press
Print publication year: 2022

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  • Introduction
  • Jaime Lindsey, University of Essex
  • Book: Reimagining the Court of Protection
  • Online publication: 17 September 2022
  • Chapter DOI: https://doi.org/10.1017/9781108993203.003
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  • Introduction
  • Jaime Lindsey, University of Essex
  • Book: Reimagining the Court of Protection
  • Online publication: 17 September 2022
  • Chapter DOI: https://doi.org/10.1017/9781108993203.003
Available formats
×

Save book to Google Drive

To save content items to your account, please confirm that you agree to abide by our usage policies. If this is the first time you use this feature, you will be asked to authorise Cambridge Core to connect with your account. Find out more about saving content to Google Drive.

  • Introduction
  • Jaime Lindsey, University of Essex
  • Book: Reimagining the Court of Protection
  • Online publication: 17 September 2022
  • Chapter DOI: https://doi.org/10.1017/9781108993203.003
Available formats
×