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Court of Protection

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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

Conway: no change on assisted suicide law - yet

Noel Conway has become the latest in a long list of individuals who have tried – and failed – to persuade the courts to change the law on assisted suicide. He is very unlikely to be the last.

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Hear from Ben Troke on the Conway decision - dealing with assisted suicide

Like Diane Pretty and Tony Nicklinson before him, Noel Conway has failed to persuade the courts to change the law on assisted suicide. Even where as a result of disability someone cannot commit suicide without outside help, assisting suicide being a criminal offence is a justifiable interference with his Article 8 rights to private and family life.

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Upcoming webinars

Mental capacity act and deprivation of liberty case law update

Join our webinar for an update on recent case law in relation to medical treatment cases

View upcoming webinars

Legal updates

Court of Protection case law update - Autumn 2017

Recent cases have shed some light on the need for proceedings for withdrawal of clinician assisted nutrition and hydration (CANH) at the end of life; the meaning of deprivation of liberty (DoL) in an acute medical setting; the role of a litigation friend, and the care needed over media coverage.

View

what the directories say...

recent experience