Health and Welfare

Health and Welfare Court of Protection Solicitors

Our specialist Health and Welfare team in London provides advice and representation to individuals in the Court of Protection. We represent vulnerable clients who may lack capacity to make certain decisions, instructed on their behalf by a litigation friend, such as the Official Solicitor or an independent advocate. We also represent family members concerning their relatives who may lack capacity.

How can we help?

Our solicitors Maria Nicholas, Lilian Efstathiou, David Still and Olivia Allen are accredited by the Law Society with the Mental Capacity (Welfare) Accreditation, which is a recognised quality standard for practitioners who offer advice on health and welfare matters under the Mental Capacity Act 2005. The accreditation is approved by the Court of Protection.

Our specialist areas of expertise include:

• Capacity
• Best interests as regards health and welfare issues
• Deprivation of liberty safeguards
• Representation in the Court of Protection
• Inherent jurisdiction
• Forced marriage relating to incapacity

Capacity

Capacity is a fundamental aspect of our practice. Our Health and Welfare Court of Protection Solicitors have a deep understanding of assessing and addressing issues related to an individual’s capacity to make decisions. We work diligently to ensure that our clients’ capacity is respected and protected in accordance with the law.

Best interests as regards health and welfare issues

Our commitment extends to determining and promoting the best interests of our clients concerning their health and welfare. We carefully consider all relevant factors, ensuring that decisions made on their behalf are made in their best interests, as dictated by the Mental Capacity Act 2005.

Deprivation of liberty safeguards

The protection of individuals from unnecessary deprivation of liberty is a vital aspect of our practice. We provide comprehensive guidance and representation to ensure that our clients’ rights and freedoms are preserved, and that any lawful restrictions are in place to safeguard their well-being.

Representation in the Court of Protection

Our Health and Welfare Court of Protection Solicitors have extensive experience in representing clients in the Court of Protection. We provide skilful advocacy and legal representation to ensure that our clients’ interests and rights are upheld throughout the legal process.

Inherent jurisdiction

The inherent jurisdiction of the High Court is a critical legal tool that we employ when necessary. We use this jurisdiction to ensure that individuals who may be vulnerable receive the protection and support they need, even in situations not explicitly addressed by existing laws.

Forced marriage relating to incapacity

In cases of forced marriage related to incapacity, our team is dedicated to offering legal assistance and advocacy. We are committed to safeguarding the rights and well-being of vulnerable individuals, ensuring that they are protected from such coercive and harmful practices.

Reported Cases 

• NCC v PB and TB [2014] EWCOP 14
• Nottinghamshire Healthcare NHS Trust v RC [2014] EWCOP 1317 
• HS (A Local Authority v HS [2013] EWHC 2410 (COP) [2013] MHLO 58 
• In re NRA and others [2015] EWCOP 59
• London Borough of Hackney v SJF & Anor [2019] EWCOP 8 (12 March 2019)
• DCC and NLH (by his litigation friend the Official Solicitor)
• FT v MM and RM [2019] EWHC 935 (Fam)

Securing Your Loved One’s Well-Being

At GN Law, we understand that legal matters concerning a loved one’s health and welfare can be stressful. Our dedicated team works closely with mental health professionals and power of attorney specialists to ensure your loved one’s needs are met with compassion and a deep understanding of their your unique circumstances. We guide you through each step of the process with clarity, respect, and a commitment to achieving the best possible outcome.

If you have questions or require legal guidance concerning your loved one’s health and well-being, please contact our Health and Welfare Team on 020 8492 2290 or email us at sols@gnlaw.co.uk.