Skip to main content

Mental Capacity: Draft Court of Protection Rules

Volume 686: debated on Monday 30 October 2006

asked Her Majesty's Government:

What contact Ministers have had with the Society for Children and Adults with Learning Disabilities and their Families regarding its concern that the draft Court of Protection Rules under the Mental Capacity Act 2005 do not include information, guidance or explanation on how to apply for appointment to the role of deputy embodied within the Act for those who are without capacity from birth; and whether they will take steps to address this concern.[HL7698]

I have received a letter from the Society for Children and Adults with Learning Disabilities and their Families to which I have replied. The letter enclosed the society's response to the consultation on the draft Court of Protection Rules under the Mental Capacity Act 2005. This consultation closed on Friday 6 October 2006. The draft rules which were the subject of the consultation provided a general process for all applications to the Court of Protection. It would not be appropriate for rules of court to contain guidance but the Mental Capacity Act statutory code of practice will provide guidance on all parts of the Act and my officials are preparing guidance for a range of stakeholders.