Participation in the Court of Protection: A Search for Purpose

The Mental Capacity Act 2005 (‘the Act’) (UK) and associated rules and guidance aim to support the person with impaired decision-making to participate in decisions about their life. More than a decade after the Act came into force, there is uncertainty about what it means for the person (‘P’) who is the subject of proceedings in the Court of Protection (‘CoP’) to participate in court hearings. This paper reviews the law and guidance on participation of P as well as the limited published research on P’s participation. The authors identify gaps in the current legal framework and conclude that research which captures the views of judges, practitioners, and not least, P and their families and carers, is a necessary step towards improved CoP guidance and practice promoting the participation of P.