§ Mrs. CaltonTo ask the Parliamentary Secretary, Lord Chancellor's Department what steps are being taken to monitor the quality of judicial decisions, with particular reference to those of the Court of Protection. [100929]
§ Ms Rosie WintertonJudicial decisions of the Court of Protection are subject to appeal in the ordinary way. There is a system for internal review under Rule 54 of the Court of Protection Rules 2001 of judicial decisions made (whether by the Master, Assistant Masters or Nominated Officers) without an attended hearing, and for appeal to the High Court and beyond under Rule 55 and section 105 of the Mental Health Act 1983.
The rules on appeals apply equally to appeals against decisions made under the Enduring Powers of Attorney Act 1985.
There are some schemes to appraise part-time judges. However, independence of the judiciary is paramount and the aim of any appraisal is not to question judicial decisions but to observe the judges approach to, and handling of, the case.