Court of Protection

The Court of Protection makes decisions on behalf of people who are unable to make decisions themselves about their personal welfare or finances.

Public Law Solicitors specialise in representing individuals who lack capacity, or their family members, in relation to matters concerning their welfare including:-

  • whether they should live at home or in a care home;
  • arrangements for their care or treatment;
  • who they should have contact with;
  • whether an individual may be being deprived of their liberty;
  • capacity to consent to sexual relations;
  • dealing with the problem of hoarding.
Sometimes, the issue in such cases includes whether an individual lacks capacity and the Court of Protection may be asked to decide that. In appropriate cases, we can obtain expert reports in relation to capacity and welfare issues.

Welfare cases often raise complex issues of community care law and our particular expertise in that area of law enables us to provide particular expertise in such cases.

We receive instructions in this area both from the Official Solicitor and from family members. Where our client is eligible, we are able to provide representation under legal aid public funding arrangements.

Public Law Solicitors do not conduct non-litigious work in this area such as drafting a lasting power of attorney or litigation concerning financial affairs. This enables us to specialise on welfare cases where we are able to bring our public law and community care expertise to bear.