Court of Protection & Mental Health

Our team undertake work in the field of mental health law in both in the Court of Protection and the Mental Health Tribunals.

Our barristers can provide legal advice and accept instructions covering a broad range of matters under the Mental Capacity Act 2005. We accept instructions from Local Authorities and NHS Trusts, family members and the Official Solicitor to provide legal representation.

We can assist with applications relating to Health and Welfare and to Property and Finance, issues of Deprivation of Liberty in adolescents as well as adults and disputes over Medical Treatment. Some examples of matters we deal with include applications made under s21A to challenge deprivations of liberty or DOLS, best interests decisions, including when made as an emergency applications requiring the authorisation of the court, and applications where issues arise regarding the appointment of deputies in respect of both welfare and financial decisions.

Our barristers have experience in representing individuals detained under all sections of the Mental Health Act. 

Our Team prides itself on being knowledgeable and approachable. We accept instructions from both privately paying clients and those who are legally aided. 

We can advise in cases where there is overlapping jurisdiction between Mental Capacity Act 2005, Mental Health Act 1983 and Children Act 1989.

 We have experience of, and appear in, our local Courts and Tribunals in the North East as well as accepting instructions to appear in Courts and Tribunals across the country. 

If you would like any further information about our Court of Protection and Mental Health Law Team or to decide who can best help you with a particular case please contact Frank Hughes or Luke Martin on 01642 804040.