Court of Protection

Our Court of Protection Group

The Court of Protection makes decisions on behalf of people who are unable to make those decisions for themselves because they lack the mental capacity to do so. This could be decisions about finances, or welfare choices regarding medical treatment or where a person should live.
At 42BR we have members who are able to cover all aspects of CoP work and can provide comprehensive expertise in other specialisms including family law, clinical negligence, property law, probate, inquests and social housing.

42BR’s Court of Protection barristers act in a wide range of cases, including:

• Determinations of capacity
• Disputes about property and finances
• Lasting power of attorney disputes
• Property and Affairs applications and the appointment of deputies for Property and Affairs
• Real Property
• Applications concerning a one-off decision that needs to be made, such as selling jointly owned property
• Statutory wills and gifts
• Welfare applications
• Serious Medical Treatment applications
• Overlap between the Mental Health Act and the Mental Capacity Act
• Section 21a applications challenging authorisations of deprivation of liberty in a care home or hospital under the Deprivations of Liberty Safeguards (DoLS)
• Proceedings concerning  vulnerable16 and 17-year olds who lack capacity: the Court of Protection, Children Act and the inherent jurisdiction of the High Court

 Recent cases include:

An emergency application by the local authority for a one-off deprivation of liberty to enable a rough sleeper to be moved to a care home

Representing the local authority following a section 21 challenge to a deprivation of liberty by an individual with a brain injury

Acting on behalf of the local authority considering the appropriateness of a deprivation of liberty order (DoLS order) in respect of a very severely disabled child, SM. High Court judgment.