Court of Protection & Mental Health
Our members appear regularly in the Court of Protection dealing with disputes over the welfare and property of adults lacking capacity under the Mental Capacity Act 2005, and in the High Court dealing with ‘inherent jurisdiction’ cases.
We receive instructions from local authorities; NHS Clinical Commissioning Groups, family members, professional advocates and the Official Solicitor. A number of the group sit as Judges for the Mental Health Tribunal:
The areas of law covered by our experienced practitioners include the following:
Contested capacity and best interests issues, including in respect of capacity to decide on residence, care, contact with others, access to the internet and social media, and engaging in sexual relations.
Medical treatment decisions.
Deprivation of liberty, including in relation to children.
Contested deputyship and lasting/ enduring power of attorney applications.
Applications to displace Nearest Relatives under the Mental Health Act.
Advice on Community Care including aftercare and charging issues.
Applications for statutory wills.
Cases involving allegations of financial abuse.
Applications in the management of cases involving large personal injury awards, often for persons with an acquired brain injury.
Barristers who practice in this area of law
Please contact our clerks for further details.