Court of Protection

7BR barristers have a wide range of experience of all aspects of the CoP, in particular in respect of welfare matters, issues around medical treatment and property and finances. Members also frequently act in approval hearings and matters in the CoP relating to settlements following high value negligence claims.

7BR represents and advises the Official Solicitor, NHS bodies, professional organisations and family members in proceedings of all kinds and at all levels.

Members also routinely advise clients in non-contentious circumstances, for instance with respect to aspects of the inherent jurisdiction and the Mental Capacity Act 2005, particularly since this is an evolving area of law. Members are often able to identify at an early stage where conflict may be avoided or minimised, and advise accordingly.

Many members of the team have a multi-disciplinary practice, meaning they are able to approach cases with additional expertise and experience gained through working in different courts, for example in the family courts or in clinical negligence cases. This means they are cognisant of the kinds of issues that may arise where they are parallel or related proceedings. Clients report that this adds real value to the service the team offer.

A number of 7BR members contribute regularly to conference and seminar programmes and are sought-after writers for articles and papers on topics within their particular specialisms.

Disputes where 7BR CoP members can assist

7BR provides advice and representation within a wide range of CoP disputes.

• Capacity disputes: under the Mental Capacity Act 2005, including the Deprivation of Liberty Safeguards (DOLS), and applications and challenges made under Section 21A.
• Mental Health Act 1983: challenges to decisions made under the 1983 Act to restrain or detain individuals or implement community treatment.
• Care and treatment decisions: serious medical treatment applications and advice on arrangements surrounding complex/interventionist care packages.
• Urgent applications: emergency and one-off applications to make decisions for those lacking capacity.
• Personal welfare applications: asking the Court to assist with complex, disputed or ongoing decisions, or where consent is impossible to obtain.
• Property and affairs: representation and advice regarding financial disputes.

Additional CoP services

7BR members also provide the following advice, representation and services.

• Advising on local authority safeguarding duties.
• Advice regarding the management and protection of an individual’s property and financial affairs.
• Nearest relative displacement applications.
• Contested applications for the appointment of deputies.
• Applications to revoke Lasting Powers of Attorney.
• Proceedings concerning 16 and 17 year olds, often where there are overlaps with the Children Act 1989 and where the inherent jurisdiction is invoked.
• Judicial review and habeus corpus applications.
• Acting in right to die cases.

To learn more, please contact the practice managers listed on the right-hand side of this page.