Court of Protection matters

The Court of Protection is a specialist court which was established through the Mental Capacity Act 2005. It deals with matters affecting individuals aged 16 and over who are unable to make certain decisions for themselves due to a lack of capacity, i.e., a mental impairment. These individuals are known as “protected parties”.

The Court of Protection will decide whether a person has capacity, including where the person challenges a claim that they lack capacity. It may also settle disputes around that person’s health, welfare, and financial affairs. If necessary, it will also authorise others to make decisions on the person’s behalf.

Our barristers specialise in a breadth of matters involving the Court of Protection. We can provide support in matters involving:

• living, contact, and care arrangements for the protected person
• medical treatment and intervention 
• financial and property affairs
• deprivation of liberty
• family-related matters, such as marriage, divorce, sexual consent, contraception, and harassment
• whether other people can make decisions on the protected person’s behalf, e.g. attorneys and deputies
• appointment or removal of deputies or attorneys
• emergency decisions, including immediate protective measures

Many issues arising in the Court of Protection overlap with areas such as family, civil, and human rights law. As our barristers are highly experienced in these related areas of law, we are well-suited to handle these complex issues. We are also experienced at supporting vulnerable clients.

How we can help

If you are involved in Court of Protection proceedings, we can provide full or specific services depending on your needs, including:

• Strategic Advice: we can advise you generally on your application, including providing guidance on the strength of your potential case.
• Drafting Court Documentation: we can assist in preparing the necessary documentation^, such as applications to the Court of Protection, position statements, and evidence bundles.
• Court of Protection Representation: our experienced advocates can appear at all court hearings to represent you.

We recognise the sensitive and high-stakes nature of Court of Protection matters. To support our clients with the emotional and financial challenges involved, we provide flexible and cost-effective services. You can instruct us on a direct access basis without needing to go through a solicitor first, saving you both time and money. We represent clients in Milton Keynes, Northampton, Bedford, Luton, London, Birmingham, and across the UK.

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