Court of Protection

Linenhall Chambers have barristers specialising in Court of Protection and Mental Health, bringing together a wide range of complimentary and overlapping expertise covering Family law, Mental Health, Community Care, Elderly Care and medical treatment.

With experience of criminal, family and civil courts and tribunals our highly experienced barristers are able to provide advice and representation relating to:

  • Mental Capacity Act 2005 and the relevant Codes of Practice; assessments of incapacity and Best Interests decision making for incapacitated persons
  • Deprivation of Liberty Safeguards 2007
  • Mental Health Act 1983 and 2007 (including Mental Health Review Tribunal work)
  • Assessments of incapacity and Best Interests decision making for incapacitated persons
  • Detention / Restraint
  • Contested applications for the appointment of deputies, other property and affairs applications and issues arising under Lasting Powers of Attorney
  • Advance decisions and living wills
  • The role of the Public Guardian
  • Applications, practice and procedure in the Court of Protection including proceedings concerning 16 and 17 year olds, and the overlapping jurisdictions of the Court of
  • Protection and Children Act 1989
  • Judicial review of local authority discharge of community care functions
  • Independent Mental Capacity Advocates (IMCAs)
  • Forced marriage
  • Claims arising from the death of a mental patient or prisoner with mental health problems, or the detention of incapacitated persons
  • Medical treatment applications including applications regarding the withdrawal of treatment

Members of the group are instructed on behalf of private individuals, local authorities, social landlords, health care professionals, health authorities, the Office of the Public Guardian, the Official Solicitors and by CAFCASS.

Our barristers understand the sensitivity and complexity of Court of Protection and Mental Health cases and will ensure clients receive the guidance and support they need to look after themselves and their families.

Our team can provide expert advice and representation in relation to monetary affairs and property, including in relation to testamentary capacity. This includes in relation to wills and applications to appoint or remove deputies or trustees as well as advising on claims under the Inheritance Act 1975.

Our geographical position means we have the ability to be flexible regarding travel and as such we welcome instructions for hearings throughout England and Wales. Members are happy to have conferences at locations convenient for the client and also offer video conference facilities. The team includes a number of Welsh speakers able to conduct cases in Welsh.

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Our specialists in Court of Protection

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Accreditations and awards

Linenhall Chambers and its members are regulated by the Bar Standards Board.