Court of Protection - Welfare
What our barristers do
Since the coming into force of the Mental Capacity Act 2005 in October 2007, there is now a clearly defined body of law relating to those with impaired decision-making capacity.
Our barristers have been instrumental in shaping, making and applying that law in the welfare context, across all aspects of life from residence, care, contact and sex to questions of deprivation of liberty.
Who our barristers act for
Our barristers are instructed on behalf of statutory agencies, private bodies, relatives and the Official Solicitor in cases across the entire gamut of the Court of Protection’s work and in the High Court in proceedings under the inherent jurisdiction relating to those with capacity but who are vulnerable.
We also advise and assist public bodies and individuals in all aspects of the Mental Capacity Act 2005 and the inherent jurisdiction in respect of both non-contentious matters and matters concluded without recourse to the court.
Where our barristers act
Our barristers appear day-in, day-out in cases in the Court of Protection.
Our barristers have appeared in all the Supreme Court cases relating to the MCA 2005, the only case involving the Court of Protection before the European Court of Human Rights, and a high proportion of Court of Appeal cases involving the Mental Capacity Act.