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Health & Welfare

Members frequently appear in the Court of Protection in cases concerning capacity to consent, deputy disputes, health and welfare proceedings, along with property and affairs.”

Legal 500  2020
Court of Protection

St John’s Chambers experienced Court of Protection team advise on all aspects of health and welfare matters involving individuals lacking in capacity.

Areas of expertise:

  • Section 21A applications challenging authorisations of deprivation of liberty in a care home or hospital under the Deprivation of Liberty Safeguards (DOLS).
  • Emergency applications including changes to care provision on behalf of vulnerable adults.
  • Decisions about whether it is in ’P’s  best interests to live in a family home or 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.
  • Decisions as to whether ‘P’ has capacity to marry or capacity to enter into sexual relations.
  • Medical treatment application.
  • Advising local authorities on safeguarding duties.
  • Proceedings concerning 16 and 17 year olds, and the overlapping jurisdictions of the Court of Protection and Children Act 1989.

Mediation

As the number of cases being dealt with by way of mediation increases, our mediation team are on hand to help, be it by providing the advocates, mediators or both. Our facilities are specifically designed to meet with client’s needs for a mediation venue. Read more.