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"A burgeoning reputation for Court of Protection work."
Legal 500 2015

Court of Protection

The Court of Protection & Mental Health team practice in all areas of mental capacity and mental health law.

In the Court of Protection we receive instructions in respect of Property & Affairs (money) matters as well as Health & Welfare applications.  The team are instructed on behalf of the protected party (through the Official Solicitor or other Litigation Friend), relatives of the protected party, care providers and public bodies of all kinds (for example Local Authorities, PCTs/CCGs and Hospital Trusts).

For Mental Health Act applications, the team are instructed by Approved Mental Health Professionals, Local Authorities, those that find themselves the subject of proceedings and family members of the patient.

Examples of the kind of cases in which we are instructed are:

  • Property and affairs applications (including opposing the appointment of a Deputy; disputing testamentary capacity; settling a Lasting Power of Attorney; and negligent or deliberate misuse of a protected party’s finances).
  • Applications relating to a protected party’s welfare (including residence; contact with others; consent to marriage; and capacity to consent to sexual relations).
  • Serious medical treatment cases (including applications for emergency treatment).
  • Deprivation of Liberty proceedings (including challenges to urgent or standard authorisations under the Deprivation of Liberty Safeguards).
  • Inquests (in relation to those that have a mental disorder and/or lacked capacity at the time of death).
  • Mental Health Tribunals - First-Tier and Upper Tribunal (including patients subject to restricted sections of the Mental Health Act).
  • Displacement of nearest relative proceedings.
  • Judicial Review.

The team also provides regular training and seminars to professionals in mental capacity and mental health law. The team provides training to: Local Authorities, private practitioners, Mental Health and Mental Capacity Advocates, and professionals specialising in areas that overlap with mental capacity and mental health law, for example child protection practitioners.

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