Resolving capacity disputes: current developments

Following the Guidance from the former Vice President of the Court of Protection as to the route by which capacity assessments are obtained, this webinar covered the impact of this Guidance, recent developments in capacity cases and relevant case law.

It looked at how practitioners in the field can follow the Guidance and ensured the Court of Protection is provided with the necessary evidence, coupled with the complexities which arise.

The webinar was chaired by Helen Curtis, with speakers Felicity Williams and Tim Baldwin.

Speakers

Helen Curtis, Barrister, Garden Court Chambers (Chair)
Helen Curtis is an established Court of Protection practitioner instructed by relatives of P or by P’s litigation friend whether the Official Solicitor, an ALR or an advocacy service. Due to her mediation skills,  Helen is often instructed in complex cases where there is a high degree of conflict between family members and health and social care services. Equally, Helen undertakes cases where capacity issues intersect with the operation of the Mental Health Act or across geographical borders.

Felicity Williams, Barrister, Garden Court Chambers
Felicity Williams specialises in public law, Court of Protection and community care cases. She has particular expertise in representing young and vulnerable people in public law proceedings. Her casework includes deprivation of liberty issues, personal welfare applications and complex care packages. Felicity is experienced in community care and Children Act judicial review claims, which assists her approach to Court of Protection matters. Felicity acts for litigation friends, the Official Solicitor, local authorities and family members.

Tim Baldwin, Barrister, Garden Court Chambers
Tim is known for his fierce commitment to representing vulnerable, marginalised and disadvantaged clients. He has significant experience in representing patients in the Mental Health Tribunal, in aftercare disputes and advising MIND on changes by Parliament to s 117 and safeguarding issues. 

Tim also specialises in Court of Protection proceedings concerning health and welfare decisions, specialist accommodation and DoLS issues for applicants and all respondents, including emergency applications and instruction by the OS. Recent cases have concerned disputes over residence, contact and care, together with DoLS and court authorisation of deprivation of liberty on discharge of patients from psychiatric care. Tim was a contributing author to the LAG books Adult Social Care Law and Children’s Social Care Law by the late Stephen Knafler QC.