Court of Protection

The Court of Protection and Mental Health Team comprises of barristers with expertise in a variety of areas, such as clinical negligence and personal injury litigation, family, property, commercial and chancery.

The Health and Welfare Team represents all those involved in matters before the Court of Protection and regularly represents private individuals (including those acting on behalf of the Official Solicitor and litigation friends), Local Authorities, Clinical Commissioning Groups and NHS Trusts both in section 21A and section 16 applications. The team is experienced in both interim and contested final hearings covering a range of issues including more complex matters such as sexual contact, jurisdictional disputes and legal aid funding.

In relation to Property and Affairs, the team has represented a variety of interested parties including litigation friends, Deputies, family members and Local Authorities, in relation to Deputy disputes and disputes over the future financial management of P’s affairs together with addressing disputed past transactions.

The team’s wide-ranging experience allows it to adeptly deal with wide ranging cross over litigation, such as where there are capacity issues in personal injury claims, concurrent related proceedings in the COP and High Court in catastrophic injury cases, personal injury trusts, probate and property matters.

The team has experience of dealing with nearest relative displacements under the Mental Health Act, and they are extremely keen to further develop their mental health expertise.

The Team provides advice and representation in relation to all relevant matters, including:

  • Mental Capacity Act 2005 and the relevant Codes of Practice - assessments of capacity and best interests decisions;
  • Deprivation of Liberty Safeguards 2007;
  • Detention and Restraint;
  • Residence, contact and care arrangements;
  • Forced Marriage;
  • Sexual relations;
  • Inherent jurisdiction of the High Court;
  • Advance decisions and living wills;
  • Judicial review of local authority discharge of community care functions;
  • Contested applications for the appointment and discharge of deputies, other property and affairs applications and issues arising under an LPA (Lasting Power of Attorney);
  • Statutory wills and gifts;
  • Mental Health Act 1983 and 2007.

Our barristers are sensitive to the needs of their clients whilst offering focused and pragmatic advice.

The Team prides itself on offering a very high level of service to clients whilst being mindful of the need offer value for money to its publicly funded clients.

Hannah Haines & Lucy Leeming
Joint heads of the Court of Protection team