Our busy Court of Protection barristers act in the Court of Protection and in the inherent jurisdiction for family members, the Official Solicitor, Accredited Legal Representatives, professional Relevant Person's Representatives and other litigation friends, local authorities and healthcare bodies.
Our team won 'Court of Protection Set of the Year' at the Legal 500 Bar Awards 2024.
Our members are recognised experts in health and welfare matters, Mental Health law, serious medical treatment and property and financial affairs matters.
Our team regularly act in complex cases raising intersecting issues, including deprivation of liberty of children and forced marriage. They act in and advise on related claims for damages.
Our unique Court of Protection team also offers unrivalled multidisciplinary expertise in complementary areas including community care, housing, education, immigration and family law. We pride ourselves on our strength across these disciplines which enables a holistic approach to cases.
We accept instructions in court cases and advisory work from clients in all parts of England and Wales. Our barristers are regularly instructed on an urgent basis.
Team members deliver regular events and bespoke training on Court of Protection issues. Please see further details below.
Our Court of Protection webinars are available to watch on our YouTube channel via the Garden Court Chambers Court of Protection playlist.
our expertise
We cover the full range of areas under the Mental Capacity Act 2005 as well as cases under the High Court’s jurisdiction in:
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Serious medical treatment applications
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Overlap between Mental Health Act and Mental Capacity Act
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Variety of personal welfare applications, including section 16 and whether it is in the person’s best interests to live in a family home, residential care or other care setting, disputes over arrangements for contact with family members, decisions on complex/interventionist care packages involving deprivation or restriction of liberty
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Section 21A applications challenging authorisations of deprivation of liberty in a care home or hospital under the Deprivation of Liberty Safeguards (DOLS)
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Emergency applications in a variety of situations, including the transfer of a person lacking capacity to a new care setting, requiring a transfer plan with potential deprivation of liberty, requiring advance authorisation by the court on particular forms of restrictions, etc.
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Emergency applications in relation to property / finance management
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Contested applications for the appointment of deputies (welfare/financial affairs) and other property and affairs applications, e.g. issues arising under Lasting Powers of Attorney, such as applications by the Office of the Public Guardian to revoke the power
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Proceedings concerning 16- and 17-year-olds, and the overlapping jurisdictions of the Court of Protection and Children Act 1989
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Disputed responsibilities of different local authorities, including in relation to safeguarding duties and community care
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Property and affairs disputes including statutory wills
Notable Cases
Our sector leading work in mental capacity issues includes:
Gloucestershire City Council v AB & Anor [2022] EWCOP 42: Capacity to access internet and limits on internet use in the light of serious consequences.
Upadrasta v The Commissioner of the City of London Police [2023] EWHC 1853 (KB): False imprisonment claim based on misapplication of powers under s136 of Mental Capacity Act 2003 proceeds notwithstanding procedural defects.
MOC v Secretary of State for Work And Pensions [2022] EWCA Civ 1: Powers of deputies, benefits, discrimination.
T (A Child), Re [2021] UKSC 35: Use of inherent jurisdiction of the High Court to permit child placement in unregistered accommodation.
Re E (Vaccine) [2021] EWCOP 7: Assessment of best interests for the purposes of COVID-17 vaccination of an 80-year-old resident of a care home with dementia diagnosis where son objecting to vaccination.
AG v (1) AM (by his litigation friend, the Official Solicitor) (2) LBE (3) MH (4) ECCG [2020] EWCOP 59: Assessment of best interests of a brain-injured man to move from a nursing home to be cared for at home by extended family and CCG-funded carers.
Re D (A child) [2019] UKSC 42: The leading case concerning the deprivation of liberty of 16 and 17 year-olds.
ASK, R (On the Application Of) v The Secretary of State for the Home Department [2019] EWCA Civ 1239: Immigration detention and removal of persons lacking capacity.
VC, R (On the Application Of) v The Secretary of State for the Home Department (Rev 1) [2018] EWCA Civ 57: Immigration detention of persons with mental illness and/or lacking capacity.
AB v HT, LB Hammersmith & Fulham, M (by her litigation friend the Official Solicitor) and MS [2018] EWCOP 2: Presumption of capacity for marriage, principles on fact finding in the Court of Protection.
AM (Afghanistan) v Secretary of State for the Home Department [2017] EWCA Civ 1123: Jurisdiction for appointment of litigation friend in the Immigration and Asylum Chamber tribunals.
Health Service Executive of Ireland v PA and Others [2015] EWCOP 38; [2015] WLR (D) 243: Scope and interpretation of Schedule 3 of the Mental Capacity Act 2005 (International Protection of Adults).
Re X and others (Deprivation of Liberty) [2014] EWCOP 25; and [2014] EWCOP 37: Procedure for court-authorized deprivation of liberty following the expansion of the concept by the Supreme Court ruling in Cheshire West.
Islington LBC v QR [2014] EWCOP 26: Guidance on capacity to make decisions to enter a supported living tenancy.
An NHS Trust v Mrs P and Ms P (by her litigation friend the Official Solicitor) COP11984767: Capacity to make decision as to continuation with pregnancy. Read more in the BBC report.
TRAINING AND PUBLICATIONS
We are pleased to offer training to legal practitioners and organisations.
We provide webinars which are advertised on Chambers’ website; these are open to all and address key developments in this area of law. Watch our recorded events at Garden Court Chambers Court of Protection playlist.
We also offer bespoke training tailored to the training needs of those working in the dynamic context of Court of Protection.
Please contact the clerks to discuss how we may be able to help with any training needs you may have.
We provide case summaries and notes about recent developments in Court of Protection and other areas of social welfare law on our Social Welfare Updates page. Three members of our team are editors of the Community Care Law Reports.
