Since the creation of the new Court of Protection, members of Chambers have been at the forefront of the development of the jurisdiction relating to decisions concerning the health and welfare and the management of property and affairs of persons found to be lacking mental capacity. These involve both young people and the elderly, people with acquired brain injury, degenerative brain disease and learning difficulties.
We recognise that all welfare disputes in the Court of Protection are highly sensitive family matters, and we bring to bear our experience and expertise in difficult family cases in the care and private law jurisdictions.
We act for private individuals, local authorities and health bodies. Members are regularly instructed by the Official Solicitor.
In recent years Members of Chambers have covered a wide range of cases all over England and Wales, examples of these COP cases include:
- The withdrawal of medical treatment from persons in a vegetative or minimally conscious state
- Issues as to whether a young adult should be provided with contraception covertly to prevent unwanted pregnancy
- The assessment of the validity of the marriage between a person with mental health difficulties and with and borderline mental capacity and another
- The placement of a vulnerable young man away from family members who were found to be resistant to the provision of necessary care and support from social care and health bodies
- The use and abuse of a power of attorney in relation to an elderly person with dementia
- Issues concerning the actions of a court appointed deputy
- Issues concerning the deprivation of liberty of young adults
Members also regularly deal with cases concerning:
- Urgent applications (including out-of-hours) regarding medical treatment
- Best interests decisions involving young adults leaving the care system who lack capacity
- Cases concerning deprivation of liberty
- Family members with dementia where an inter-family dispute has arisen, or residence is challenged
Another growing area of expertise is non-consensual marriage, which harmonises our experience of matrimonial litigation with the exercise of the court’s inherent jurisdiction alongside the Mental Capacity Act 2005.
Our members advise and lecture on all Court of Protection issues, in particular the Deprivation of Liberty Safeguards, and where the media seek to publicise cases.
