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 354704 if you have any questions or concerns.

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