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, 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 team. After being admitted as a solicitor in 1986, Karen became…

Sapna Tugby

Partner

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

Jonathan Barker

Senior Associate

Jonathan advises on all aspects of Mental Health and Court of Protection Law, alongside work in Civil Litigation. He is an Accredited Member of the Law…

Victoria Burrows

Senior Associate

Victoria joined BHP Law in December 2022 as a Senior Associate bringing over 10 years experience of working in Court of Protection (heath and welfare).…

Rachel Elliott

Associate

Rachel is an Associate Solicitor working across the Dispute Resolution/Employment and Mental Health teams. She has excellent academic credentials including…

Catrina Hall

Solicitor

Catrina is a solicitor, having completed her training contract at BHP Law. Prior to this, Catrina completed her LPC and Master's Degree in Law at Northumbria…

Emma Wood

Paralegal

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

Jennifer Baister

Trainee Solicitor

Jennifer joined BHP Law in 2022, having previously specialised in handling a variety of personal injury claims arising out of Road Traffic Accidents at…

Lisa Clark

Trainee Legal Executive

Lisa joined BHP Law in November 2003 to provide Secretarial/Admin support in the Industrial Disease team, she became a Paralegal in 2005. Lisa…

Abi McDowell

Trainee Legal Executive

Abi studied law at A-Level and went on to successfully complete an apprenticeship in Business Administration. She joined BHP Law in 2018 as a secretary…

Ben Armstrong

Apprentice Solicitor

Ben joined BHP Law in September 2022, after finishing his A-levels. Within Ben’s first year as a Solicitor Apprentice, he joined the Wills, Trusts,…

Megan Austin

Apprentice Solicitor

Megan joined BHP Law as a Solicitor Apprentice in 2022 after completing her A-levels. She attends Northumbria University one day per week and is expected…

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