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Court of Protection


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

Legal updates

Health newsletter - January 2019

Welcome to the latest edition of our health newsletter, in which we bring you a round-up of the latest regulations and news affecting your sector.

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Upcoming webinars

Mental health capacity and deprivation of liberty case law update

Rebecca Fitzpatrick will look at some of the most recent leading cases in relation to the Mental Health Act and Deprivation of Liberty.

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Legal updates

Mental Health Act – a new age?

Those with a keen eye on mental health law will have seen that Sir Simon Wessely’s full report on the Mental Health Act was published on 6 December 2018.

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Legal updates

Hertfordshire County Council v AB [2018] EWHC 3103 (Fam)

This case considered whether the High Court’s inherent jurisdiction can be used to authorise a deprivation of liberty of a patient with capacity who is subject to a conditional discharge under the Mental Health Act 1983.

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