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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 and deprivation of liberty case law update - September 2018

In this video Ben Troke looks at some of the most recent leading cases in relation to the Mental Capacity Act and Deprivation of Liberty, including in particular the Supreme Court’s landmark decision on the involvement of the courts in end of life treatment decisions in 'Re Y.'

View

Legal updates

The death of DoLS – the 'Liberty Protection Safeguards' are before Parliament now

Defying the cynicism of some who doubted there would be parliamentary time or appetite for any reform to the Deprivation of Liberty Safeguards (DoLS) legislation just now, however much needed or overdue, the government introduced on Tuesday 3 July, and published on Wednesday 4 July, a draft Bill – the Mental Capacity (Amendment) Bill

View

Independent review of the Mental Health Act: interim report summary webinar - May 2018

In this webinar Rebecca Fitzpatrick looked at the recently published interim report of the ongoing independent review of the Mental Health Act chaired by Sir Simon Wessely, former president of the Royal College of Psychiatrists

View

Mental Capacity and Deprivation of Liberty case law update webinar - May 2018

Ben Troke looks at covert medication, Deprivation of Liberty (DoL) in hospitals, parents' rights, DoL in the community, the new CHC framework, a brief update on the Law Commission proposals, as well as some discussion around recent headlines.

View

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