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 Mark Ronson in the first instance). For more details about the KSMT team, please follow this link.

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 2019

“Kings Chambers is a well-regarded set for Court of Protection work, housing an enviable bench of barristers experienced in the handling of health and welfare matters. Areas of expertise for the set include cases involving deprivation of liberty and medical treatment, as well as those concerning mental capacity law. Members advise and provide representation to incapacitated individuals and family members, as well as professionals and organisations operating in the area such as the Official Solicitor, litigation friends, and local authorities.”