Court of Protection: Health & Welfare

Kings Chambers Court of Protection Health and Wellbeing barristers include leading national experts in mental capacity and mental health law in all levels of seniority. Our barristers not only practise in the courts and tribunals but are also well-known authors and teachers in their areas of expertise.

Our Court of Protection and Health and Welfare Barristers specialise in the following areas: 

Health and welfare and Mental Health Act:

We act for local authorities, NHS trusts, CCGs, patients, litigation friends (often the Official Solicitor or advocates) at all levels in the Court of Protection. Our barristers have been concerned in many of the most significant cases in this jurisdiction in recent years. We bring to this work experience in other closely related areas, such as judicial review, community care, family and clinical negligence and personal injury law. We give clear and prompt advice at an early stage, which often prevents unnecessary or wasteful proceedings later on. We offer considerable expertise in the Mental Health Act in cases involving restricted and non-restricted patients, in the First-Tier and Upper Tribunals, as well as in the ordinary courts in public law challenges, including habeas corpus, damages claims for unlawful detention, and nearest relative displacements.

Kings Chambers Serious Medical Treatment Group (KSMT):

This specialist team of serious medical treatment barristers will provide advisory and advocacy support for all serious medical treatment cases in the Court of Protection, Family Division and the inherent jurisdiction. Members have expertise in withdrawing artificial hydration/nutrition, cancer treatment, application relating to individual’s permanent vegetative state, amputation, minimally conscious patients and cases involving the use of physical restraint and sedation. KMST also provides  an out of hours advice and representation service managed by a dedicated team of clerks (please contact Paul Clarke in the first instance). Find out more about our KSMT team here.

Mediation:

Kings Chambers has an outstanding mediation offering, which has been established to help parties find an alternative avenue of resolving disputes in the Court of Protection.  These disputes are often highly emotive, very personal and legally complex, as well as being protracted and costly.  Our specialist team of mediators offer an efficient and cost-effective method of dispute resolution outside of the courtroom.

The team consists of accredited mediators who bring their wealth of expertise as leading specialists in the fields of the Court of Protection and adult health and social care to assist parties in finding an effective resolution to their dispute. The team is qualified to offer their services in all civil and commercial disputes and are nationally recognised experts in the following types of dispute:

• Intractable welfare disputes
• Property and affairs disputes
• Contentious serious medical treatment decisions
• Public law challenges to service provision decisions
• Charging for residential services claims
• Social care disputes

The team have a national presence and are able to conduct mediations across the UK. Kings Chambers are based in Manchester, Leeds and Birmingham and all are equipped to hold mediations.

What the directories say about our Court of Protection Health and Wellbeing Barristers

Chambers UK 2021

Kings Chambers is a highly regarded set on the Northern Circuit, drawing praise from instructing solicitors who note that the set offers "a number of high-quality barristers who are experts in the field of Court of Protection." The set houses significant expertise spanning a wide range of health and welfare matters, and its tenants are well versed in the most complex and sensitive of proceedings such as serious medical treatment cases involving sedation and the withdrawal of life support. The team is also regularly instructed in capacity disputes and deprivation of liberty cases, and acts on behalf of the Official Solicitor, incapable individuals and their families, local authorities and clinical commissioning groups. Members regularly appear before the courts at all levels, and recent work for the set includes a high-profile case heard in the Court of Appeal concerning a person's capacity to make decisions regarding the use of social media and the internet.

Client service:

"The clerks always go the extra mile to get someone on board when we want someone from chambers. They are very helpful and responsive."

"The clerks are always happy to help and go out of their way to accommodate bookings."

"The whole clerking team is very well organised and everyone is helpful and knowledgeable when recommending counsel for work."

"The clerking service is very impressive, and you can always expect a prompt response from one of the team."

Stephen Loxton is the director of clerking at the set.