Google Adwords 0808 278 1398 Bing Ads 0808 274 4482

Health and welfare disputes in the Court of Protection

Where a person is deemed to lack mental capacity under the Mental Capacity Act 2005 to make decisions about their health and welfare, those decisions may be made by the local authority or medical professionals who are responsible for that person’s care. It is important that any decisions made on behalf of a person that lacks capacity should be made in their best interests.

There are occasions when disputes arise between professionals and family members about what is in the best interests of the person lacking capacity. When those disputes cannot be resolved, an application can be made to the Court of Protection in order for the Court to make a decision. The Court of Protection can be asked to make important decisions on behalf of a person lacking capacity such as:

  • Who they should have contact with
  • Where they should live
  • The care and treatment they should receive
  • Consent to marriage and sexual relationships
  • Decisions regarding medical treatment

How can we help?

Our specialist team are here to support you in the event that you fall into a disagreement with the local authority or medical professionals about what is in the best interests of you, your family or friend regarding their care and treatment. If you are concerned that a decision made regarding a person lacking capacity, is not in that person’s best interests, we can advise you on steps that can be taken to challenge that decision or to resolve the dispute. This includes providing initial advice, attending best interests meetings, liaising with the local authority and health professionals. We can also make an application to the Court of Protection as well as representing your interests during the course of proceedings.

We can also provide you advice and support should there be any safeguarding concerns regarding you or a loved one. This includes attending safeguarding meetings and liaising with the local authority regarding their safeguarding enquiry.

Please contact us on 01926 491 181 if have any questions or concerns or to book a free initial consultation.

We offer home visits as well as visits at care homes and hospitals. Advice and representation can be provided around the country.

Team members

Debbie Anderson
Solicitor - Director - Head of The Health and Community Care Team
Contact
Sonal Lala
Solicitor
Contact

News and media

  • News
    • Posted on March 28, 2019
      With the dreaded “B” word still looming large across politics, it’s likely that social care issues will continue to be kicked into the long grass for some time. The Green Paper that has been promised since March 2017, aimed at tackling concerns about the affordability and sustainability of social care, is due at any moment (we are told…).

      But whilst the delays continue, it is those needing care, their carers’ and families that are bearing the costs, financially and emotionally, of the current fragile system. The Local Government and Social Care Ombudsman has reported a year on year rise in complaints about social care and according to their latest annual review, this is now the second largest area of complaints that they deal with.
      Read more...

Expert legal advice you can rely on,
get in touch today:

Please let us know you are not a robot

Your local legal experts


Why QualitySolicitors?

QualitySolicitors is the largest network of law firms in the UK, with local law firms spanning the whole of England and Wales and customer service at the heart of everything we do.

We are dedicated to providing the highest quality legal advice and expertise for our clients, but in a way that’s far friendlier, more accessible and clear-talking than you might expect from a law firm.