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Wednesday, October 17, 2018

Munby troubled by Court of Protection cases being 'transferred up'

Desperate parents are persuading less senior judges to transfer Court of Protection cases higher to force public authorities to act - a practice that the former president of the family division finds 'deeply troubling'.

Sir James Munby, who stepped down as family law chief in July, was unable to attend last week's Legal Action Group community care law conference, where he was due to give a speech highlighting current problems from the front line. However, the Gazette has seen his speech, in which he raises the question of how far a judge can go to persuade a public body to provide certain services or make resources available.

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