Acting as a litigation friend in the Court of Protection
Introduction
1. The Court of Protection plays a vital role in securing the rights of some of the most vulnerable people in society. Judges of the court daily have to determine whether individuals have or lack capacity to take specific decisions, and – if they lack capacity – what should be done in their best interests.
2. The person who lacks (or may lack) capacity to take their own decisions will not always be involved directly in the proceedings. If they are, and if they do not have capacity to participate in those proceedings, then they will need a ‘litigation friend’ – a person who can conduct the proceedings on their behalf. Litigation friends are therefore a crucial part of the working of the Court of Protection, ensuring that those whom the proceedings concern have their voice heard before the court.
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