The Welsh Language and the Court of Protection

Following proceedings issued in the Court of Protection under section 21A of the Mental Capacity Act 2005 (“s21A challenge”), the case of TIRE v Carmarthenshire County Council [2024] EWCOP 81 (T2) (‘TIRE v CCC’) published its judgment in the Welsh language – the first of its kind.

The case appeared to be an uncomplicated s21A challenge which related to the unhappiness of TIRE in her current care home. The Court considered both the perspective of TIRE and the impact that a decision to remain in the care home would have upon her, and that decided it would be in her best interests to remain within her current setting at the care home.

Practice Direction 2D of the Court of Protection Rules (‘PD 2D’) was created to align with the Civil Procedure Rules Practice Direction relating to the use of the Welsh language in cases in the Civil Courts in or having a connection with Wales. The purpose of this Practice Direction is to reflect the principles of the Welsh Language Act 1993 and the Welsh Language (Wales) Measure 2011 that in the administration of justice in Wales, the English and Welsh languages should be treated on the basis of equality.

Paragraph 1.1 of PD 2D further confirms that both the English and Welsh languages should be treated ‘on the basis of equality’ and the case of TIRE v CCC put these principles into action.

This is a significant development of the Welsh Language in Court of Protection proceedings and it will hopefully be the first of many cases to be heard, and published in the Welsh language.

Blake Morgan are well adapt to advise clients through the medium of Welsh and English languages. Should you wish to discuss this offering further, please contact Daniel Taylor.

This article is available in both English and Welsh language versions. Click here to read the Welsh language version/Cliciwch yma i ddarllen yr erthygl hon yn y Gymraeg.