The Court of Protection is a specialist Court which deals with decision-making for people who cannot make certain decisions for themselves. It has the same status as the High Court.
Sometimes, vulnerable adults are placed in care homes or hospitals because it is considered to be in their best interests and necessary to protect them from harm. Often, adults are detained under the Mental Health Act 1983. However, there are some people and situations to which the 1983 Act does not apply.
If an adult is not detained under the 1983 Act, they may be subject to the Deprivation of Liberty Safeguards (DOLS) under the Mental Capacity Act 2005. The purpose of the DOLS is to ensure that for a person who lacks capacity and is deprived of their liberty, the deprivation of liberty is justified.
The Court of Protection hears challenges against the use of the DOLS. The Court also hears cases in which it is asked to make serious decisions about a person’s right to life, liberty, safety, medical treatment, capacity to enter into sexual relations, marriage or civil partnership and right to a family life.
Depending upon the facts and issues in a particular case, Legal Aid Agency funding may be available for the person who is the subject of the proceedings or a family member. In some cases, this funding will be means-tested and require an assessment of the client’s financial circumstances.
We are recommended as a leading firm in the 2018/19, 2020, 2021, 2022, 2023 and 2024 London editions of The Legal 500 for our Court of Protection work.
‘Good mix of COP and MH lawyers. Michael Barrett is a stand-out solicitor. An organised solicitor who is able to give firm and empathetic advice to clients’. (The Legal 500 2023 London edition).
‘Strong COP team with excellent background and overlapping expertise in mental health law’. (The Legal 500 2023 London edition).
‘This is a firm with a strong and consistent ethical foundation. They are passionate about the work that they do and work tirelessly for social justice’. (The Legal 500 2024 London edition).
‘They offer a full service across mental capacity law and mental health law and have some exceptionally interesting cases’. (The Legal 500 2024 London edition).
‘The team regularly demonstrate a thorough and professional approach to the cases I have with them and an impressive knowledge of the Mental Capacity Act 2005. They always provide clear and comprehensive advice in a timely fashion’. (The Legal 500 2024 London edition).
Contact us today to see if our dedicated team can help. Please telephone our Holloway office on 020 7263 7887 or contact us at enquiries@burkeniazi.com.
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