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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

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.

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Legal updates

Decision to allow termination of pregnancy overturned by Court of Appeal

P was 22 weeks pregnant and had a moderately severe learning disability and mood disorder. P’s treating NHS Trust brought an application to the Court of Protection to approve the termination of her pregnancy.

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CQC and health & care regulatory update - June 2019

Carl-May Smith provides an enforcement and prosecutions update including looking at recent prosecutions of Registered Managers.

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Legal updates

Reminder to NHS Trusts to make Court of Protection applications promptly

The recent case of East Lancashire Hospitals NHS Trust v PW [2019] EWCOP 673 is an important reminder to NHS Trusts that Court of Protection applications should be made promptly.

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