Court of Protection

Parklane Plowden’s Court of Protection barristers comprises highly skilled members in the fields of Health and Welfare, Property and 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.

Our Court of Protection barristers have been involved in matters at all levels, including significant reported decisions. 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 and welfare specialists are experienced in representing all parties in the Court of Protection. Their practices are typically complemented 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.

Deprivation of liberty barristers

Our barristers regularly advise on DoLs applications including Sections 21a applications, community DoLs and Re X applications.

The team are regularly instructed in the following matters:

• Capacity disputes under the Mental Capaity Act (residence, care, contact, internet and social media use, sexual relations, contraception)
• Safeguarding matters
• 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 and affairs specialists are able to assist in a wide range of matters. Many of our barristers have complementary 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 and affairs matters, including:

• Deputyship for people who lack capacity (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.