A new protocol regulating communications between judges in Scotland, England & Wales, and Northern Ireland has been agreed for cases involving adults who lack capacity.
Published on 7 May 2025, the protocol for cases involving adults who lack capacity was agreed on 4 April 2025 following a series of meetings of members of the judiciary from each jurisdiction between 2021 and 2025.
It sets out that direct judicial communications are to be conducted using a request form sent to the relevant office.
The protocol is supported by supplementary information in the form of a Handbook on law relating to Adults Who Lack Capacity in England & Wales, Scotland, and Northern Ireland (full disclosure, I led on the English & Welsh section, alongside Francesca Gardner, Thomas Jones, and Kriti Upadhyay.
A protocol regulating communications between judges in Scotland, England & Wales, and Northern Ireland in children’s cases can also be found on the judicial website, where updates to the accompanying handbook can also be found.
The protocol, request form and accompanying handbook can be found below:
- Judicial Protocol regulating direct judicial communications between Scotland, England & Wales and Northern Ireland, in cases of adults who lack capacity (PDF)
- Request form – Capacity Cases Protocol (Word doc)
- A handbook on adult capacity law in Scotland, England & Wales, and in Northern Ireland – April 2025 (PDF)
