The Court of Protection

Our experienced team advise and act for both providers and commissioners in matters which involve, or contemplate the involvement of, the Court of Protection. These include serious medical treatment cases, welfare applications and deprivation of liberty challenges and authorisations.

We recognise the challenges of the current legal framework in terms of the Deprivation of Liberty Safeguards and the interface between the Mental Capacity Act 2005 and the Mental Health Act 1983. We also appreciate the climate of intense strain across both health and social care sectors at present. We aim to provide sensitive, pragmatic and efficient advice to enable and support clear, cost-effective decision making which puts patients at the heart of their care delivery.

Services we provide:

  • Early analysis of the key issues in respect of mental capacity assessment and best interest decision making
  • Plain-speaking advice about the current legal framework and pragmatic tips for its implementation
  • Careful consideration as to any requirement for, or the appropriateness of, an application to the Court of Protection and any alternative routes for resolution as appropriate
  • Assistance with the drafting, provision and analysis of evidence including preparation of statements and care plans
  • Responsive and efficient support to ensure compliance with court directions and representation in court as needed
  • Early and ongoing consideration of transparency requirements, media coverage and reporting restrictions
  • An out of hours service to ensure timely support even in urgent situations

Key examples of our practice include:

  • Serious medical treatment applications: Contentious applications in relation to a medical treatment which is disputed and/or includes a deprivation of liberty which cannot be authorised without the involvement of the Court.
  • Welfare applications: We act for clients before the Court of Protection in relation to a wide range of issues including contested capacity assessments, forced marriage orders, contact restrictions, inappropriate use of a Lasting Power of Attorney, advance decisions and capacity to engage in sexual relations.
  • s21A challenges to a DOLS authorisation: We regularly act for providers and commissioners in relation to challenged authorisations.
  • COPDOL11 applications: We support our clients to make efficient and cost-effective applications to the Court for authorisation of deprivations of liberty falling outside the DOLS regime.
  • Framework advice: We regularly provide advice upon legal frameworks and proportionate and appropriate mechanisms for obtaining authorisations.
  • Policy and documentation review: To ensure compliance with the legislative framework.
  • Training and education: On the legal framework and pragmatic advice for its implementation.

Free Court of Protection resources

Publication: Did you know? All about the Court of Protection

Webinars

Podcasts

Contact us

    *



    *



    * - denotes required fields



    *

    PeopleView all

    EventsView all