Interim practice guidance relating to serious medical treatment applications issued by Mr Justice Hayden

Mr Justice Hayden, Vice President of the Court of Protection, has issued practice guidance which sets out the procedure to be followed "where a decision relating to medical treatment arises and where thought requires to be given to bringing an application".

As he notes, the procedure is currently being reviewed within the revised MCA Code. That will, in due course, be subject to public consultation and Parliamentary scrutiny, so this guidance is intended to operate until such time as it is superseded by the revised Code. It is aimed at those acting for providers and commissioners of clinical and caring services and the expectation is that such providers/commissioners should be responsible for bringing any application that is required.  

The guidance is set out under 8 headings as follows:

1. ​Applications to which this practice guidance applies
2. Situations where consideration should be given to bringing an application to court
3. Pre-issue steps
4. Parties to proceedings
5. Allocation
6. Matters to be considered at the first directions hearing
7. Urgent hearings
8. Orders

You can read it in full on Bailli where it is published with the following citation: ​Serious Medical Treatment, Guidance [2020] EWCOP 2.