0370 270 6000

already registered?

Please sign in with your existing account details.

need to register?

Register to access exclusive content, sign up to receive our updates and personalise your experience on brownejacobson.com.

Privacy statement - Terms and conditions

Court of Protection solicitors


We understand the complexities that organisations face during Court of Protection proceedings. As one of the leading healthcare law practices in the country, our Court of Protection lawyers offer the specialist advice and expertise you require in this intricate area of medical law.

We have a huge breadth of experience in both the private and public sectors and are a trusted advisor to over 100 NHS bodies, 150 local authorities and many independent healthcare providers across the country. Our medical lawyers are committed to providing an exceptional service as standard and can help you achieve the results you require.

What is the Court of Protection?

The Court of Protection was set up under the Mental Capacity Act 2005 (MCA) to assist those who lack capability in making independent decisions about their health, welfare, finances or property. This could be for various reasons, such as a brain injury, learning disability or other illness, such as Alzheimer’s.

The Court of Protection has many roles and responsibilities; it may appoint a deputy to make ongoing decisions for a person that lacks capacity, decide whether someone is able to make their own decisions, decide on lasting power of attorney, intervene in medical cases, and make decisions on Deprivation of Liberty Safeguards (DoLS).

Amid increasing scrutiny from the CQC, the media, and the public, the Court of Protection has never been busier, and it is more important than ever to ensure the Mental Capacity Act is 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 has been hugely active since the Supreme Court judgment in Cheshire West in March 2014.

How can Browne Jacobson help with the Court of Protection procedure?

Acting for local authorities, NHS bodies, and independent sector providers, our experienced healthcare solicitors have been at the forefront of policy and practice in the Court of Protection since it was established. Our team of Court of Protection lawyers has grown eight-fold in the last two years – giving us the capacity, specialist knowledge and expertise to assist your organisation with all aspects of Court of Protection procedure.

These are some of the services we provide:

  • Extensive training on MCA / DoL nationwide - including statutory BIA refresher training and subsequent follow up to ensure implementation and 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.
  • Medical treatment decisions, care planning and/or 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 interest’s decision making.
  • Advice on LPAs and Deputies, as well as 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. We also deliver regular case law update webinars, free of charge, which are viewed by thousands of health and social care professionals.

Why choose Browne Jacobson healthcare solicitors?

Put simply, we are the leading healthcare law firm in the country working with health and social care providers and commissioners in the Court of Protection. We are ranked as leaders in Chambers and Partners, and have two of the top listed Court of Protection lawyers nationwide, so you can rest assured that you are in the best hands when you work with us.

Our dedicated team will provide the specialist healthcare legal advice you need on the Court of Protection procedure to ensure you get the result you require. Get in touch with one of our five regional centres to speak to one of our Court of Protection lawyers.

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

Mental health, capacity and deprivation of liberty case law update

We are pleased to invite you to our next webinar which will focus on updates on serious medical treatment cases and deprivation of liberty.

View

Care Quality Commission and health & care regulatory update 7 November

Carl May-Smith provides an update on CQC & Competitions & Markets Authority enforcement.

View

Liberty Protection Safeguards LPS and Deprivation of Liberty Safeguards DoLS

It’s officially 1 year until the arrival of Liberty Protection Safeguards (LPS) on 1 October 2020.

View

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.

View

what the directories say...

recent experience

related opinions