The Court of Protection: expert witness and professional reports
Abstract
The Court of Protection has the legal jurisdiction to make decisions about people who lack capacity to make decisions themselves (in England and Wales). When hearing cases, evidence can be provided to the court by expert witnesses and professionals. The Court of Protection Rules 2017 inform the practice and procedure within the Court of Protection. This article reviews the judgment from a Court of Protection case that analyses the proper role of the expert witness in the court. In doing so the article provides guidance to authors of expert witness reports and reports under section 49 of the Mental Capacity Act 2005 submitted as evidence to the court.
Author
Citations
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Date
2021-08-20
Type
Article
Subject
Mental health
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Citation
Curtice, M. (2022) ‘The Court of Protection: expert witness and professional reports’, BJPsych Advances, 28(3), pp. 141–149. doi:10.1192/bja.2021.52.
Journal / Source Title
BJPsych Advances
DOI
10.1192/bja.2021.52
PMID
Publisher
Cambridge University Press
Publisher’s URL
https://www.cambridge.org/core/journals/bjpsych-advances/article/court-of-protection-expert-witness-and-professional-reports/6199D04584B4FD916543104F977DE844