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.
The Court of Protection was set up under the Mental Capacity Act 2005 (MCA) to assist those who lack capacity to make 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 and continues to be so with the forthcoming Liberty Protection Safeguards that in time will be replacing the DoLS legal framework.
Acting for local authorities, NHS bodies, and independent sector providers, our experienced health and social care 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:
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 are led by Rebecca Fitzpatrick who is one of the top listed Court of Protection lawyers nationwide, so you can rest assured that you’re 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.
Cutting edge medical treatment cases, including the first Court-authorised male sterilisation and the leading case on withdrawal of artificial nutrition and hydration in a minimally conscious state.
Complex court of protections proceedings including those relating to deprivations of liberty in children, including Wigan BC v Y (Refusal to Authorise Deprivation of Liberty) [2021] EWHC 1982 (Fam) (14 July 2021) which concerned the deprivation of liberty of a 12-year-old child with mental health issues.
Developing and delivering an innovative pilot scheme for telephone mediation of Court of Protection disputes for the Office of the Public Guardian.
Acting in ‘Re X’ on the streamlined court process, including going to the Court of Appeal, and advising the Ministry of Justice on revised court forms and practice direction.
"The team at Browne Jacobson is very knowledgeable, and its advice is second to none. The lawyers are very pragmatic and are able to explain issues in layperson's terms."
"It is a really fantastic outfit."
Deprivation of Liberty Safeguards was due to transition to Liberty Protection Safeguards in October 2020 but delayed due to the pandemic. While the public consultation has now closed and we’re still unclear of what the final legislation and code will look like, it’s worth noting and keeping a watching brief.
The Liberty Protection Safeguards (LPS) were introduced in the Mental Capacity (Amendment) Act 2019 and will replace the Deprivation of Liberty Safeguards (DoLS) system. The LPS framework aims to deliver improved outcomes for people who are or who need to be deprived of their liberty.
The Royal College of Psychiatrists has produced updated guidance to help frontline staff and clinicians identify and treat patients with eating disorders before the illness becomes a medical emergency.
Following on from the first webinar in the Liberty Protection Safeguards (“LPS”) series delivered by Mark Barnett and Chris Stark, the key points below from the webinar are summarised below.
The long-awaited draft Mental Capacity Act Code of Practice, including the Liberty Protection Safeguards (“LPS”), has landed.
Our speakers looked at Child Safeguarding in childcare proceedings.
Our speakers looked at the Mental Health Units (Use of Force) Act and what it means for hospitals in the mental health and acute sector.
Our speakers looked at the legal framework for maternal mental health issues, the obstetrician’s perspective & the psychiatrist’s perspective.
The Liberty Protection Safeguards (LPS) will be used to authorise the proportionate and necessary deprivation of liberty for people aged 16 and above who lack the mental capacity to consent to their care arrangements.
Watch now on-demand our Mental Health and Court of Protection Legal Update webinar, there have been some interesting recent legal developments in this area and topics that were covered during the session.
It is important to bear in mind the legal framework when planning discharge and conveyance plans but practicalities are also key.
Our speakers looked at themes arising from inquests, learning from participating in RCAs, the clinician’s perspective and a difficult case study.
In circumstances where it is subsequently proved that an individual does have such a mental disorder, there is a presumption that their carer either knew or could reasonably have been expected to know of the disorder, unless sufficient evidence is adduced to rebut that presumption.
In this Shared Insights session, we discuss difficulties faced by professionals when dealing with challenging family members and highlighted the legal frameworks and mechanisms that can be implemented to manage these behaviours in order to protect staff and keep the patient’s best interests at the centre of decision making.
This session discussed the future of interaction between NHS Trusts and local government amidst a drive for better integrated care.
In this Shared Insights session we listen to unique perspective and learning outcomes from dealing with eating disorder patients.
The importance of Trusts developing a written plan so that you are ready to act quickly if anti-Covid or anti-vaccination protesters come on to your site to protest.
When NHS Trusts should consider going to the Court of Protection.
We are seeing an unprecedented situation in the Mental Health Act and the Mental Capacity Act, which central Government, the NHS and courts are responding to with speed.
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.
