Court of Protection

Managing Health & welfare applications in the Court of Protection including best interests decisions, decisions relating to medical treatment and welfare decisions.

Barristers of all levels of seniority who advise on all aspects of health and welfare matters involving individuals lacking in capacity.

Specialists in advisory and advocacy work on a national basis on behalf of the OPG, the Official Solicitor and local authorities.

Court of Protection

Parklane Plowden’s Court of Protection team comprises highly skilled barristers in the fields of Health & Welfare, Property & Affairs, and Serious Medical Treatment cases. The team receive regular instructions to act on behalf of P (through the Official Solicitor, ALRs, or other litigation friends), family members, local authorities, ICBs, NHS Trusts, and the Office of the Public Guardian.

Members have been involved in matters at all levels of the Court of Protection, including significant reported decisions for the area. The team also boasts members who are ranked in the Legal 500 as leading practitioners in Court of Protection and Community Care law.

Our barristers are able to provide advocacy, drafting, and advisory work at all levels.

The team is jointly headed by Tom Barclay-Semple and Rebecca Musgrove.

 

Health & Welfare

Our health & welfare specialists are experienced in representing all parties in such cases. Their practices are typically complimented by their experience in other areas, including family law, public and administrative law, clinical negligence, and inquests. Members are experienced in attending contested final hearings and fact finds, as well as case management hearings and round table meetings.

The team are regularly instructed in the following matters:

  • Deprivation of liberty applications (s.21A, community DOLs, Re X applications)
  • Capacity disputes (residence, care, contact, internet and social media use, sexual relations, contraception)
  • Best interests disputes
  • Vulnerable adult matters engaging the inherent jurisdiction (Re SA)
  • Children matters where the jurisdiction of the Family Court and the Court of Protection overlap

 

Members are also able to assist in the following related areas:

  • Applications to displace the nearest relative under the Mental Health Act 1983
  • Community care funding disputes (ordinary residence, s.117 aftercare, NHS Continuing Healthcare)
  • Claims under the Care Act 2014 for the recovery of debts by local authorities, including deprivation of assets
  • Inquests concerning the death of P whilst receiving support from the state, either in the community, residential or nursing care placements, or in hospital

 

Property & Affairs

Our property & affairs specialists are able to assist in a wide range of matters. Many members have complimenting practices in chancery, probate, trusts, and serious injury work, making them well-placed to advise on such matters. Members are experienced in representing clients in contested final hearings, dispute resolution hearings, appeals, and mediations.

The team accept instructions in all property & affairs matters, including:

  • Deputyship applications (including appointments and removals)
  • Validity of instruments creating an Enduring or Lasting Power of Attorney
  • Removal of attorneys on conduct grounds
  • Statutory Wills
  • Authorising or setting aside gifts
  • Authorising the sale or disposition of properties

 

Serious Medical Treatment

Members involved in this area are well versed in the fast-paced and urgent nature of these applications. Our barristers can assist in advocacy and advisory work at all levels, often at short notice. The team’s experience includes cancer treatment, sedation, traumatic brain injuries, and deprivation of liberty.

Our Court of Protection Barristers