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Court of Protection, Healthcare and Mental Health

Court of Protection

Our expert Court of Protection team specialises in advising on and acting in both contentious and non-contentious cases relating to the health and welfare, property and financial affairs, and medical treatment of vulnerable adults and children. 

Equally at home acting in high profile or leading cases, as they are acting in the cases which will never make the headlines, but which make a real and tangible difference to people’s lives, our Court of Protection solicitors act for family members, advocates, the Official Solicitor, NGOs, Attorneys, Deputies, Trustees, charitable and commercial organisations. They act in cases relating to all aspects of a person’s well-being, spanning all issues relating to mental capacity and best interests, and encompassing all matters relating to the health and welfare, property and financial affairs, and medical treatment of individuals.   

Our lawyers are able to help with the following:

  • Medical cases including where life-sustaining treatment is to be withheld or withdrawn.
  • Health and welfare cases and property and financial affairs cases including safeguarding vulnerable adults from abuse or potential abuse.
  • Applications for and issues relating to Deputyship and Lasting Powers of Attorney.
  • International abductions and cross-border disputes.
  • Challenges to Deprivation of Liberty Safeguards authorisations.
  • The reporting of proceedings, anonymisation, and media attendance.
  • Claims for breaches of Article 2 (right to life) Article 5 (right to liberty and security) and Article 8 (right to respect for private and family life).

The reputation of our Court of Protection solicitors is second to none.  Combining compassion with a no-nonsense approach to litigation, and efficiency with attention to detail, our team can help you navigate the most factually and/or legally complex cases.

Experience

Our services include the following:

  • Best interests decisions in respect of a person’s welfare, including their residence, care and contact with others
  • Non-therapeutic sterilisation and capacity to consent to sexual relations or marriage
  • Serious medical treatment cases whereby life-sustaining treatment is withheld or withdrawn, including for patients in a permanent vegetative or minimally conscious state receiving artificial nutrition and hydration
  • Challenges to Deprivation of Liberty Safeguards authorisations claims for breaches of Article 2 (right to life) Article 5 (right to liberty and security) and Article 8 (right to respect for private and family life)
  • Reporting of proceedings and media attendance
  • Welfare and financial deputyship and Lasting Powers of Attorney (LPAs)
  • International abductions and cross-border disputes
What others say

Highly respected team proficient in handling the full range of health and welfare cases, with a strong emphasis on matters involving human rights issues. Routinely sought out for representation in complex and sensitive matters, including serious medical treatment, mental health and mental capacity cases. Adept at handling cases with challenging cross-border aspects. Frequently acts for charities, NGOs and the Official Solicitor.

Chambers and Partners 2020

Bindmans LLP has a diverse practice that advises on a wide range of matters from cases concerning the withdrawal of clinically assisted nutrition and hydration to acting for high-profile individuals on various Court of Protection issues. It also advises on other matters such as an individual’s capacity to consent to marry or the validity of patients’ advance decisions to refuse treatment.

Legal 500 2019

Meet the team

Laura Hobey-Hamsher
Partner

Public Law and Human Rights

Karen May
Partner

Head of Education Law

Paul Ridge
Partner

Public Law and Human Rights

Will Whitaker
Associate

Public Law and Human Rights

Verity Cannell
Solicitor

Public Law and Human Rights

Elizabeth Cleaver
Solicitor

Public Law and Human Rights

Brighde Gallivan
Solicitor

Public Law and Human Rights

Caroline Robinson
Solicitor

Public Law and Human Rights

Basmah Sahib
Solicitor

Public Law and Human Rights

Emma Varley
Solicitor

Public Law and Human Rights

Paradise Bidkalameh
Trainee solicitor

Public Law and Human Rights

Alison Fredericks
Trainee Solicitor

Public Law and Human Rights

Annie Leach
Trainee solicitor

Public Law and Human Rights

How can we help you?

We are here to help. If you have any questions for us, please get in touch below.