Court of Protection
Browne Jacobson is a trusted advisor for Court of Protection work. We stand out for our core values, reflecting the caring approach required by those working with vulnerable individuals, who lack capacity to make their own decisions. Our in-house barristers regularly provide specialist support and advocacy for NHS bodies, independent healthcare providers and local authorities.
We understand the ways in which cases involving the Court of Protection impact society’s most vulnerable individuals. Our compassionate advocacy team has a wealth of experience in Court of Protection work and understands the pressures felt by NHS bodies and local authorities.
This insider-knowledge enables us to guide your organisation through proceedings, with the aim of achieving a fair and realistic outcome. From initial advice, to position statement drafting and representation at the final contested hearing, we will be by your side.
Our expertise in this area is as broad as it is deep. Our clients come to use for support with: Mental Capacity Act 2005 matters, including health and welfare applications (s16), and deprivation of liberty authorisation (s21A), and Mental Health Act legislation; serious medical treatment cases, including urgent applications; inherent jurisdiction applications; attendance at round table discussions, providing specialist advice and pragmatic solutions; drafting statements of case, position statements and written submissions; and advocacy representation at interim hearings and final hearings, before judges of all tiers; as well as more general advice.
With numerous offices we’re uniquely positioned to offer national coverage, meaning your team can feel supported by us throughout the court process. We’re a friendly and approachable team recognised for our friendly approach, striving to ensure we make your life easier, by knowing you have trusted support and representation, from start to finish.
"They can handle the most novel and unusual cases."
Featured experience
Manchester University NHS Foundation Trust
Advised Manchester University NHS Foundation Trust in relation to a medical treatment dispute concerning the withdrawal of COVID-19 ECMO treatment and ventilation. KM, Re [2021] EWCOP 42 (10 May 2021)
Cutting edge medical treatment cases
Cutting edge medical treatment cases, including the first Court-authorised male sterilisation and the leading case on withdrawal of artificial nutrition and hydration in a minimally conscious state.
End of life treatment of a child
Advised on the end of life treatment of a child in the case of Z, Re (Medical Treatment: Invasive Ventilation) [2021] EWHC 2613 (Fam) (24 September 2021).
Testimonials
"Luke, I just wanted to say a massive thanks to you and your team for dealing with this so well and so quickly.”
“Sarah is knowledgeable, organised and a driving force for COP cases (in a positive way). Sarah is incredibly calm under pressure and I have observed her key strength, being empathetic whilst also persuasive on many occasions."
“Fantastic working with you Sam on this tricky case. In dealing with the hearings, managing the client and then handling the (very long!) mediation on Friday. It was a great outcome, the client was happy and they clearly had absolute confidence in you. It’s really appreciated.”
Key contacts
Samantha Paxman
Barrister (Partner)
Sarah Vince
Barrister (Senior Associate)
Luke Berry
Barrister (Senior Associate)
Ian Perkins
Barrister (Senior Associate)
Holly Quirk
Barrister (Senior Associate)
Andrew Cullen
Barrister (Senior Associate)
You may be interested in...
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LPS consultation and ‘go live’ planning
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Liberty Protection Safeguards: points to note as consultation period continues
Deprivation of Liberty Safeguards was due to transition to Liberty Protection Safeguards in October 2020 but delayed due to the pandemic. While the public consultation has now closed and we’re still unclear of what the final legislation and code will look like, it’s worth noting and keeping a watching brief.
On-Demand
LPS - it's out - what do you need to know? Part 3: the practicalities of implementation
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The Liberty Protection Safeguards – how can we help?
The Liberty Protection Safeguards (LPS) were introduced in the Mental Capacity (Amendment) Act 2019 and will replace the Deprivation of Liberty Safeguards (DoLS) system. The LPS framework aims to deliver improved outcomes for people who are or who need to be deprived of their liberty.
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LPS - it's out - what do you need to know? Part 2: the most significant changes
This on-demand session considers some of the most significant changes to the Code.Legal Update
Liberty Protection Safeguards – It’s out: MCA LPS Consultation
Following on from the first webinar in the Liberty Protection Safeguards (“LPS”) series delivered by Mark Barnett and Chris Stark, the key points below from the webinar are summarised below.
On-Demand
LPS - it's out - what do you need to know?' Part 1: Regulations and Code of Practice
This on-demand session deals with what we now know so far about the finer detail of the LPS proposals, particularly focussing on the practicalities of implementing the LPS system.Opinion
LPS - it’s out
The long-awaited draft Mental Capacity Act Code of Practice, including the Liberty Protection Safeguards (“LPS”), has landed.
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Liberty Protection Safeguards: What are they and will they ever happen?
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The Liberty Protection Safeguards: brief update
The Liberty Protection Safeguards (LPS) will be used to authorise the proportionate and necessary deprivation of liberty for people aged 16 and above who lack the mental capacity to consent to their care arrangements.
On-Demand
Mental Health and Court of Protection Legal Update webinar
Watch now on-demand our Mental Health and Court of Protection Legal Update webinar, there have been some interesting recent legal developments in this area and topics that were covered during the session.
Video
Mental Capacity Act – anticipating loss of capacity
Health lawyer, Chris Stark, provides you with an update on the recent case of United Lincolnshire Hospitals NHS Trust v CD [2019] EWCOP 24.