Court of Protection

We offer advise to a wide breadth of sectors:

• The NHS
• Affordable Housing providers
• The Social Care Sector
• The Emergency Services
• Independent healthcare providers
• Care Homes

Making decisions on behalf of individuals who lack capacity is a responsibility that requires careful legal navigation. Our team is well-versed in advising on all aspects of mental capacity and best-interest decisions. We work closely with our clients to ensure that they are fully compliant with the Mental Capacity Act and understand their obligations when making decisions on behalf of vulnerable individuals.

• Advice on Best Interest Decisions: Guidance on making informed, legally sound decisions that prioritise the well-being of individuals lacking capacity.
• Support with Legal Applications: Assistance in applying to the Court of Protection for necessary orders to ensure decision-making aligns with legal standards.
• Capacity Assessments: Legal advice on conducting and interpreting capacity assessments to ensure compliance and accountability.

For organisations involved in supporting vulnerable individuals, sudden or unexplained deaths can lead to inquests or coronial investigations. Our team offers empathetic, expert support to help you navigate these sensitive matters.

• Inquest Representation: Experienced representation at inquests, particularly in cases involving social housing providers, care homes, and other entities responsible for supported living arrangements.
• Coronial Liaison: Coordination with Coroners and assistance with document disclosure to ensure a compliant and respectful inquest process.
• Training and Guidance: Practical training for your team on how to handle inquests, prepare witnesses, and understand the inquest process to manage future cases effectively.

Supported living arrangements for individuals who lack capacity bring unique legal considerations. Our team provides comprehensive guidance to help organisations ensure that supported living environments are compliant, respectful, and protective of individuals’ rights.

• Capacity and Tenancy Agreements: Advice on tenancy agreements for individuals lacking capacity, ensuring legal clarity and protection for both providers and residents.
• Safeguarding Compliance: Guidance on safeguarding policies to protect residents and meet regulatory standards.
• Ongoing Support and Dispute Resolution: We offer continued legal support to address issues that may arise in supported living settings, such as tenancy disputes or care planning disagreements.