Our specialist team of Court of Protection lawyers, led by Sarah Griffiths-Jones, are able to advise you on all aspects of mental capacity law.

If you have a loved one who has been assessed as lacking mental capacity to make a decision, be it through an illness such as dementia, a condition they were born with such as autism, or perhaps following a life changing accident, whereby they have acquired a traumatic brain injury, then the team at Reeds are here to help you.

It may be that your loved one has been removed from the family home against their wishes and deprived of their liberty in a care home or hospital setting, with the Court now responsible for making the decision as to where they should reside, or a question over what care and treatment they should receive has arisen.

You may be a professional advocate, representing the protected party (P), and require legal representation to bring a challenge against the Deprivation of Liberty Safeguards (DoLS) on P’s behalf before the Court of Protection.

Alternatively, it may be that you need legal advice to enable you to make financial decisions on your loved one’s behalf and want to become their lay deputy.

Whatever the issue in this area of law, rest assured our experienced team can provide you with specialist and tailored advice and guidance UK wide to best support you throughout the legal process.

Call us today on 02921 679737 to discuss your case or complete enquiry form on our contact page here.

 

What is the Court of Protection?

The Court of Protection is a specialist court in England and Wales that can make decisions on behalf of people who lack the mental capacity to make their own. Proceedings are largely governed by the Mental Capacity Act 2005. The person who lacks capacity, and who the court proceedings are about, is known as ‘P’.

The Court of Protection can be asked to make decisions on a wide range of different issues and these are normally split into two categories –

  • Welfare issues – this might include decisions such as where someone should live, what care they should receive, what medical treatment should be given to them or who they should have contact with.
  • Property and financial affairs – if P lacked capacity and needed someone to help them manage their money, the Court of Protection might be asked to consider whether someone is appropriate to hold a Lasting Power of Attorney for P or whether a deputy should be appointed.

In many cases, where someone lacks capacity to make a decision and everyone in their life is able to agree what should happen, the Court of Protection isn’t needed and these decisions can be made by agreement in someone’s best interests. However, if there is disagreement about what should happen, an application should be made to the Court of Protection to ask a judge to decide what should happen. This is where we step in.

Who can make an application to the Court of Protection?

Applications can be made to the Court of Protection by public bodies, such as the Local Authority or NHS Trust or Health Board. They can also be made by family members or by advocates on behalf of the protected person.

What is The Mental Capacity Act (MCA) 2005?

The Mental Capacity Act 2005 is the legislation (or “law”) which governs how decisions must be made on behalf of people who lack the mental capacity to make decisions for themselves. It requires that any decision made on behalf of such a person is made in their best interests.

People involved in the decision making process can include family members, advocates, social workers, care home managers and other care organisations.

In the majority of cases, it possible for all of those involved to agree on a decision by following the best interest’s decision making process as set out within the MCA. However, as above, when this is not possible and a dispute arises, the Court of Protection should then be asked to make the decision.

What we can do for you

If you have received court papers from a public body, or you are worried about a family member and are concerned they might not have capacity to make their own decisions, we can advise you. Court of Protection proceedings, by their very nature, are emotional and personal and it is our job to support you.

This area of work is complex and the Court of Protection can at times seem to have its own language, with lots of acronyms being used and past case law and tests being referred to. There are also lots of standard forms that have to be used and these must be completed carefully. We can guide you through the legal process.

We also have close relationships with highly reputable Barristers Chambers across England & Wales and can instruct specialist Counsel to assist in your representation when needed.

Court of Protection Health and Welfare Services

Our Court of Protection Health and Welfare Solicitors team can assist you with issues including:

  • Health and Welfare Proceedings – this would include disputes in relation to issues such as where someone should live or the care and support they should receive
  • Challenges to the Deprivation of Liberty Safeguards (“DoLS”)
  • Whether or not someone has the mental capacity to make certain decisions and challenges to capacity assessments
  • Safeguarding issues
  • Medical treatment disputes

Court of Protection Deputyship Services

Our Deputyship Solicitors team can assist with you applying to the Court of Protection to act as a lay deputy on behalf of a loved one who lacks the mental capacity to manage their own property and financial affairs.

Accreditation

Mental Capacity (Welfare) Accredited Solicitor - Law Society

Two of our solicitors have received the Mental Capacity (Welfare) Accreditation and have been appointed as Accredited Legal Representatives by the Law Society.

This accreditation recognises a quality standard for practitioners who offer advice on health and welfare matters under the Mental Capacity Act 2005 and expertise in working with vulnerable individuals and their families.

Court of Protection Solicitor Mental Health Accredited - Law Society

We also benefit from three solicitors who have received the Mental Health Accreditation from the Law Society which recognises expertise in representing clients detained under the Mental Health Act 1983.

There is often a lot of overlap between Court of Protection and Mental Health work so this additional knowledge is incredibly valuable in fully advising all our clients.

Testimonials

  • “Thank you [Sadé Asker] for being so helpful and patient with us. Thank you for all your help and support throughout what was an extremely challenging and stressful process.” (5* Client Feedback, Feb 2022)
  • “thank you both [Sarah Griffiths-Jones & Natasha Lukies] for all your hard work. Amazing team and amazing outcome against all odds.” (5* Client Feedback, 2021)

General Enquiries

02921 679737