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 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.