Official Solicitor reaches limit of resources for CoP healthcare and welfare cases

The Official Solicitor wrote to the President of the Court of Protection in December to inform him that he had reached the limit of his resources with regard to healthcare and welfare cases, it has emerged.

The Court of Protection team at 39 Essex Street, which revealed the existence of the letter in its monthly newsletter, described the development as of “very considerable significance for those concerned with health and welfare matters”.

The CoP team said: “As a result of this development, we understand that the Official Solicitor's position is that he is unable to accept invitations to act in any except the most urgent cases, namely serious medical treatment cases and section 21A appeals, other than those brought by the relevant person's representative. Section 21A appeals may be subject to a delay until a lawyer/case manager becomes available.

“All other cases, even where his acceptance criteria are met, are being placed on a waiting list. These cases will be accepted in accordance with the best estimate that can be given to their weighting and priority when a case manager becomes available to manage the case.”

The CoP team at 39 Essex Street said it also understood that this policy would remain in place until the volume of new cases reduced, or the Official Solicitor's resources for healthcare and welfare cases could be increased, or both, to enable him to revert to the previous acceptance policy.