Court of Protection & Mental Health
“Kings Chambers has a thriving team of Court of Protection practitioners” "They are the chambers that have the best reputation….."
Chambers and Partners, 2017
Kings Chambers Court of Protection & Mental Health team that includes leading national experts in mental capacity and mental health law in all levels of seniority. Our barristers not only practice in the Courts and tribunals, but are also well known authors and teachers in their areas of expertise.
Our barristers specialise as follows:
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 Serious Medical Treatment Group (KSMT): This specialist team 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. The service provided by KMST includes an out of hours advice and representation managed by a dedicated team of Clerks (please contact Mark Ronson at first instance). For more details about the KSMT team, please follow this link.
Property and affairs: We have barristers with considerable experience in property and affairs cases before the Court of Protection. We have a sensible and commercial approach to these cases. Unusually, our barristers are able to combine with this expertise their knowledge and experience in health and welfare cases. Also, our experience and knowledge of the Care Act, as well as the practicalities of catastrophic personal injury settlements (acting for deputies appointed to administer these on behalf of the Claimant), places us in a strong position to offer an all round service.
In addition, our barristers advise and act in inquests, public law challenges or damages claims arising out of community care or mental health treatment.
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 of our Chambers are equipped to hold mediations.