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Court of Protection

health-hospital-bed-in-corridor

The Court of Protection has never been busier and, with increasing scrutiny from the CQC, the media and the public, it is more important than ever to ensure the Mental Capacity Act is well understood and implemented in your organisation. We know from CQC inspections that a strong result on MCA and deprivation of liberty is very closely correlated to a good outcome overall.

The issue of Deprivation of Liberty (DoL) in particular has been hugely active since the Supreme Court judgment in Cheshire West in March 2014.

Acting for local authorities, NHS bodies and independent sector providers, our experienced team has been at the forefront of policy and practice in the Court of Protection since it was established. Our advisory / Court of Protection practice has grown eight fold in the last 2 years.

what we do...

  • Extensive training on MCA / DoL nationwide - including statutory BIA refresher training, and subsequent follow up to ensure implementation and demonstrate cost-effectiveness.
  • Drafting or review of MCA / DoL policies and implementation.
  • An audit of MCA / DoL issues, policies, training and practice - across all health and social care bodies in an area, to ensure co-ordination and consistency, and proper implementation.
  • Medical treatment decisions and care planning / residence disputes - including disputes about access to treatment options / resources and best interests.
  • Emergency and out of hours applications to Court.
  • Sharing information and best interests decision making.
  • Advice on LPAs and Deputies, and advance decisions to refuse treatment.
  • Court of Protection and safeguarding / the Inherent Jurisdiction.
  • Children and young people.
  • Guidance and support - through our regional forums for MCA / DOL leads in our offices around the country and delivery of regular case law update webinars, free of charge, viewed by thousands of health and social care professionals.

related resources

Deprivation of liberty in an acute medical setting - webinar February 2017

In this webinar Ben summarises and considers the impact of the Court of Appeal landmark judgment in ‘Ferreira v Coroner of Inner South London’ (26 January 2017). This judgment goes to the heart of the very controversial law on deprivation of liberty and its application in an acute medical setting.

View

Upcoming webinars

Deprivation of liberty landmark judgment case law update - 8 February 2017

Ben Troke will summarise and consider the impact of the landmark judgment in 'Ferreira v Coroner of Inner South London' (26 January 2017), and give advice on putting the decision into practice.

View upcoming webinars

Landmark judgment on deprivation of liberty in hospital - Ferreira v Coroner of Inner South London

In Ferreira v Coroner of Inner South London (26 January 2017) the Court of Appeal has delivered a landmark judgment on deprivation of liberty in the context of acute medical treatment.

View

Legal updates

Cheshire West kicked out of acute hospitals

In Ferreira v Coroner of Inner South London (26 January 2017) the Court of Appeal has delivered a landmark judgment on deprivation of liberty in the context of acute medical treatment that will be very welcome for providers of physical healthcare - for now at least.

View

what the directories say...

recent experience