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, David Still and Lilian Efstathiou 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:
- 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 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.
The inherent jurisdiction of the court is a critical legal tool that we employ when necessary. We leverage this jurisdiction to ensure that individuals who lack capacity 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.
- NCC v PB and TB  EWCOP 14
- Nottinghamshire Healthcare NHS Trust v RC  EWCOP 1317
- HS (A Local Authority v HS  EWHC 2410 (COP)  MHLO 58
- In re NRA and others  EWCOP 59
- London Borough of Hackney v SJF & Anor  EWCOP 8 (12 March 2019)
- DCC and NLH (by his litigation friend the Official Solicitor)
- FT v MM and RM  EWHC 935 (Fam)