Jurisdiction(s):
United Kingdom

Related legal acts

Key definition

Protected party definition

What does Protected party mean? A protected party is a litigant who lacks the mental capacity to conduct court proceedings and therefore acts through a representative (a litigation friend or guardian ad litem), with additional procedural safeguards. In England and Wales, the term is defined in CPR 21.1(2)(d) by reference to the Mental Capacity Act 2005: a party or intended party who lacks capacity to conduct the proceedings. A protected party must have a litigation friend; steps such as service, settlement, discontinuance and payment out are governed by Part 21 and often require court approval. In Scotland, the label is not used; the equivalent concept is an...

Deputyship: Establishing and Managing Care Packages for Protected Parties: Case Management, CQC Registration, Gratuitous Family Care, Agency v Direct Employment, Employment Law, Court of Protection and Pensions (England and Wales)

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Practice notes

Deputies appointed in respect of a Protected party’s (P’s) property and affairs

are regularly engaged in setting up a care regime. While a property and affairs deputy does not hold the power or, in many cases, the specialist knowledge to make care and welfare decisions for P, they still have a direct role in issues relating to P’s care. According to the type and extent of P’s disabilities, the deputy may organise and fund a spectrum of care packages, from complex arrangements to modest levels of support.

A round-the-clock professional nursing package delivered by a sizeable team of carers
A single support worker assisting P with specific tasks for a few hours each week

The terms ‘carer’ and ‘support worker’ are used throughout these notes; however, whichever service the deputy commissions, the same issues must be considered and then dealt with. The professional input of a case manager is vital, both to identify clinically what is required to meet P’s needs and, on a practical level, to assist with putting agreed arrangements in...

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Web page updated on 21/05/2026

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