Health and 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.  

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.


Contact us

If you would like to have a free no obligation chat about your options or how we may be able to help you or a member of your family, please call us today on 0800 590 019 or contact us directly at your local office in either Newcastle, Darlington, Durham, Tynemouth or Stockton in Teesside.

Alternatively you can fill in the online enquiry form and a member of our team will either call you back or email you regarding your enquiry as soon as possible.

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