At CJCH we have one of the leading Court of Protection teams in the country, being the only team ranked in Chambers and Partners for Court of Protection: Health & Welfare work in Wales.
The specialist team advises on a broad range of cases, including the most challenging and complex cases before the Court of Protection. The team has with expertise in cases involved the Deprivation of Liberty Safeguards (DoLS), welfare orders, serious medical treatment, property and financial affairs / deputyship applications.
The team provides advice and representation on behalf of individuals who may lack mental capacity, as well as their family members.
The Court of Protection considers applications in relation to decisions regarding a person’s health and welfare, or property and financial affairs where they have been deemed or assessed to lack capacity to make such decision for themselves.
We regularly appear in court instructed by Independent Mental Capacity Advocates including appointed Relevant Persons Representative (RPRs) who are the ‘voice’ for those subject to a DoLs. The team is also instructed by the Official Solicitor on behalf of individuals at the heart of court proceedings. We advise on all aspects of capacity and best interests potentially touching every part of our clients’ lives which may include where they live, the care they receive, who they have contact with, who they might have relationships with, and how their money is managed.
The team regularly acts on behalf of 16 -17-year-olds who lack mental capacity in respect of decisions about their personal welfare.
The team’s specialisms include:
- Deprivation of Liberty Safeguards (DoLs) challenges
- Applications to court to determine capacity and/or best interests
- Serious medical treatment
- Funding including whether Legal Aid available
- Powers of Attorney (LPAs) – both health/welfare and property/financial affairs
- Deputyship applications and disputes – both health/welfare and property/financial affairs
- Protection of Vulnerable Adults (POVA)
- Do Not Attempt Resuscitate Orders (DNARs)
- Health and Social Care assessments
Three of our team, Amy Roberts-Rees, Sarah Newport and Natalie Matthews, are Accredited Legal Representatives appointed by the Law Society and so can be directly appointed by the court to represent individuals at the centre of cases.
We also represent families where applications are made by the Local Authority or Health Board / Trust concerning a person’s welfare.
Our dedicated team are in an advantageous position having extensive experience and knowledge in both mental health and mental capacity law, being able to advise on difficult circumstances where an individual falls at the ‘interface’ between these legal frameworks. Furthermore, the team is experienced in wider public matters e.g. special educational needs support.
As above, the team at CJCH handles cases of the highest complexity including cases concerning sexual relations, marriage, allegations of coercive and controlling behaviour, use of the internet, use of social media, contact, diabetes, alcohol, gender transition or where P is an alleged offender. The team acts in urgent cases, often before the High Court, which may involve high levels of risk or complex medical circumstances.
- MB v Surrey County Council [2017] EWCOP B27
- MB v PB [2022] EWCOP 14
- HH v Hywel Dda University Health Board & Ors [2023] EWCOP 18
- Hywel Dda University Health Board v P & Anor [2024] EWCOP 70 (T3)
- The British Broadcasting Corporation v Cardiff Council & Ors [2024] EWCOP 50 (T3)
The team constantly strives to improve practices in the sector, by providing additional services to organisations with regular training sessions to professionals working within the area of Mental Capacity Law in order to develop and support good practice in Wales and beyond.
