Health & Welfare

The Court of Protection was established by the Mental Capacity Act 2005 to make decisions on behalf of people whom it is felt cannot make those decisions for themselves.

With regard to 'health and welfare' decisions, those decisions include: 

  • where a person should live;
  • what care and support needs a person may have;
  • with whom a person should or should not have contact;
  • whether a person can consent to having a sexual relationship;
  • whether a person can consent to marriage;
  • whether a person should use contraception;
  • whether a person should have certain medical treatment.

Where a person lacks capacity to make those decisions, a judge in the Court of Protection can be asked to make a decision, in that person's best interests, where it is possible and appropriate to do so.  

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Cases in the Court of Protection generally concern people over the age of 18 who have been diagnosed with one of the following:

  • learning disability;
  • autism;
  • acquired brain injury;
  • Korsakoff's or other alcohol-related brain injury;
  • dementia/Alzheimer's Disease;
  • other mental health diagnosis (schizophrenia, bipolar, personality disorder etc)

A case may involve a person living in their own home, with family, in supported living or in a care home and may involve a person being deprived of their liberty.  This means that a person requires some degree of supervision and may not be free to do what they want.

Our team of Court of Protection specialists have considerable experience representing people who are at the centre of the court proceedings and representing family members and other individuals who either find it necessary to go to court or who otherwise find themselves involved in court proceedings.

Legal aid may be available and our experts will be able to advise whether a person/case qualifies for legal aid.

If you would like to have a chat about your options or how we may be able to help you please contact a member of the team below, complete our call back form  or contact us directly at your local office.

Your Court Of Protection Team

Karen Pratt

Partner

Karen Stephanie Pratt is an equity partner and is head of the Court of Protection Department and joint head of our Wills, Trusts and Probate team alongside…

Sapna Tugby

Partner

Sapna worked as a mental health paralegal for Thaliwal Bridge solicitors, in Leicester. She obtained a LSC funded training contract, then worked for…

Stephen Williams

Partner

Stephen Williams is the head of the Court of Protection health and welfare department and specialises in community care, health and welfare and mental…

Holly Hirst

Associate

Holly graduated from Keele University in 2005 with an LLB in Law with English and completed her LLM Master of Laws at Durham University in 2006. Holly…

Simone Kent

Solicitor

Simone joined BHP Law in June 2016 during the course of her MLaw Exempting degree at Northumbria University. In the first semester of her final year,…

Melanie Morley

Solicitor

Law is Melanie’s second career, but over the last 18 years she has gained valuable experience working within the areas of construction, finance and…

Hannah Moffett

Paralegal

Hannah has worked within Wills, Trust & Probate for 6 years, running her own case load of files that varied greatly in nature. In 2017, Hannah qualified…

Emma Wood

Paralegal

Emma qualified as a paralegal and completed her police station accreditation before joining BHP Law’s Court of Protection team.…

Ruby Knapton

Trainee Legal Executive

Ruby began working at BHP Law in 2017 as an admin assistant in residential conveyancing. She quickly became fascinated by the legal profession and knew…

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