Court of Protection
| Court of Protection | |
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Royal Coat of Arms of the United Kingdom
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| Established | 1 October 2007 |
| Location | High Holborn, London Borough of Camden, London |
| Coordinates | 51°31′28″N 0°06′44″E / 51.5245°N 0.1121°ECoordinates: 51°31′28″N 0°06′44″E / 51.5245°N 0.1121°E |
| Composition method | Judges nominated by Lord Chief Justice of England and Wales or President of the Court of Protection from members of the Judiciary of England and Wales (except magistrates) |
| Authorized by | Mental Capacity Act 2005 |
| Decisions are appealed to | Court of Appeal and Supreme Court |
| Website | www |
| President of the Court of Protection | |
| Currently | Sir James Munby |
| Since | 11 January 2013 |
| Vice-President of the Court of Protection | |
| Currently | Sir William Charles |
| Since | 13 January 2014 |
The Court of Protection in English law is a superior court of record created under the Mental Capacity Act 2005. It has jurisdiction over the property, financial affairs and personal welfare of people who it claims lack mental capacity to make decisions for themselves.
The Court of Protection has been called the United Kingdom's "most secret court" as the cases are typically closed to the public.
The Court of Protection had previously existed as an office of the Senior Courts of England and Wales, which had been governed by the Mental Health Act 1983. At that time the old Court of Protection was part of the old Office of the Public Guardian; the new Court of Protection and the Public Guardian are now entirely separate organisations with different responsibilities. The earlier Court of Protection dealt exclusively with financial matters, but the new Court of Protection was granted powers to deal with health and personal welfare issues, and has the same powers as the High Court of Justice.
The Court of Protection's powers are defined by the Mental Capacity Act 2005, and was established by order of the Lord Chancellor through the The Mental Capacity Act 2005 (Commencement No. 2) Order 2007. The rules of the Court of Protection were established by order of the President of the Family Division through the The Court of Protection Rules 2007.
The offices and full-time Judges of the Court of Protection were originally located at Archway Tower, Junction Road, London. Since 9 January 2012, the Court was located in the Thomas Moore Building at the Royal Courts of Justice on the Strand, London. In 2014, it was relocated to First Avenue House, 42-49 High Holborn, London WC1A 9JA.
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