Court of Protection

Court of Protection overview

We regularly appear in the Court of Protection (including the High Court), dealing with disputes over the welfare and property of adults lacking capacity under the Mental Capacity Act 2005. We also have experience of acting in “inherent jurisdiction” cases.  Many of these will involve the Human Rights Act 1998, and in particular, articles 5 and 8 of the European Convention on the Protection of Human Rights

Our experience covers complex questions about capacity, deprivation of liberty, where a person who lacks capacity should reside and what care they should receive, and the overlap between the Mental Capacity Act 2005 and the Mental Health Act 1983.

Often applications in the Court of Protection are tangled with disputes over service provision which have a public law element. Important tactical decisions may need to be taken early on about whether an application should be made in the first instance to the Court of Protection or to the Administrative Court. We can advise and provide urgent assistance in cases where capacity is in dispute, and where the welfare of an elderly, disabled or otherwise vulnerable person is at stake.

We also advise local authorities, landlords and care home providers on the legality of their policies and actions in various aspects of mental health, capacity and social care.