The Court of Protection Rules 2017

Manner of notification and accompanying documents

Manner of notification

7.8.—(1) Where P is to be notified under this Part, the person effecting notification must provide P with, or arrange for P to be provided with, the information specified in rules 7.3 to 7.7 in a way that is appropriate to P’s circumstances (for example, using simple language, visual aids or any other appropriate means).

(2) The information referred to in paragraph (1) must be provided to P personally.

(3) P must be provided with the information mentioned in paragraph (1) as soon as practicable and in any event within 14 days of the date on which—

(a) the application form or appellant’s notice was issued or withdrawn;

(b) the decision was made;

(c) the person effecting notification received the notice of hearing from the court and in any event no later than 14 days before the date specified in the notice of the hearing; and

(d) the order referred to in rule 7.6(4) was served upon the person who is required to effect notification of P under that rule,

as the case may be.

(4) Where the provisions of rule 7.1(4) apply, paragraphs (1) and (2) of this rule do not apply and the person effecting notification may provide information and documents of which P must be notified to the person to be notified under rule 7.1(4), by any method by which service of documents would be permitted under rule 6.3.

Acknowledgment of notification

7.9.  Where P is notified that an application form or an appellant’s notice has been issued, P must also be provided with a form for acknowledging notification.

Certificate of notification

7.10.—(1) The person effecting notification must, within 7 days beginning with the date on which notification in accordance with this Part was given, file a certificate of notification which certifies—

(a) the date on which, and how, P was notified; and

(b) that P was notified in accordance with this Part.

(2) Subject to paragraph (3), the person effecting notification in accordance with this Part must in the certificate required by paragraph (1) describe the steps taken to enable P to understand, and the extent to which P appears to have understood, the information.

(3) Where the provisions of rule 7.1(4) apply, paragraph (2) does not apply.

Dispensing with requirement to notify, etc.

7.11.—(1) The applicant, the appellant or other person directed by the court to effect notification may apply to the court seeking an order—

(a) dispensing with the requirement to comply with the provisions in this Part; or

(b) requiring some other person to comply with the provisions in this Part.

(2) An application under this rule must be made in accordance with Part 10.