Mental Health & Court of Protection

 

We have Counsel at all levels who practise in the areas of mental health and mental capacity law. These areas have become increasingly indistinguishable since the coming into force of the Mental Capacity Act 2005 and the Deprivation of Liberty Safeguards. Members are particularly experienced in advising professionals in this area, such as medical practitioners, Approved Mental Health Professionals, NHS Trusts, and Local Authorities, as well as those with mental disorder or lack of capacity (through the Official Solicitor), and their families. We represent these parties in the Court of Protection and, where appropriate, in the High Court in relation to welfare orders concerning the person’s residence, issues concerning contact between the person and family or friends, and in relation to medical treatment, as well as capacity to consent to marriage and sexual relations. We also have expertise in issues concerning property and monetary affairs (including testamentary capacity).

The team has experience in representing patients and authorities in cases concerning the Mental Health Act including those involving patients subject to restriction orders.

The team is sensitive to the needs of parties in this area.

Some of the areas covered:

• Welfare applications on the Court of Protection
• Emergency treatment applications to the Court
• Local Authorities’ duties to protect vulnerable adults
• Lasting powers of attorney (property and welfare)
• Deprivation of liberty
• Challenging authorisations under the Deprivation of Liberty Safeguards (DOLS)
• The sharing of confidential information relating to those who may lack mental capacity
• Elderly people
• Care Homes and Nursing Homes
• Inquests and inquiries concerning those with mental disorder and/or lacking capacity
• First-tier Tribunal (Mental Health) (formerly Mental health Review Tribunals)
• Appeals and Judicial Review to the Upper Tribunal (Administrative Appeals Chamber)
• Restricted patients
• Community Treatment Orders
• Funding care after discharge (including s.117)
• Proceedings to displace a nearest relative
• Challenges to the legality of detention
• Challenges to treatment decisions under the Mental Health Act
• Children and mental health law

To view a list of our members who specialise in this area, please click on the drop down menu to the left.