Court of Protection
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Court of Protection
At St Pauls Chambers, our barristers have extensive experience in advising and representing various parties in Court of Protection cases concerning:
- Personal welfare;
- Property and affairs;
- Serious medical treatment;
- Deprivation of liberty;
- Human rights claims.
Members appear often and are regularly instructed by the full range of interested parties (including those acting through the Official Solicitor or other Litigation Friends).
Counsel can assist with all aspects of these highly specialist areas of law. From advising at the pre-action stage, whether it is offering opinions, drafting pleading or, once proceedings are under way at the hearings themselves, or by offering high quality advocacy and expert negotiation services, our members are uniquely placed to assist.
Deprivation of Liberty Safeguards
Our members are experienced in the preparation and making of Section 21A applications challenging authorisations of deprivation of liberty in a care home or hospital under the Deprivation of Liberty Safeguards (DOLS). Our barristers can advise at the pre-action stage and accept instructions on behalf of all relevant interested parties. Our team has been instructed by the Official Solicitor as well as Local Authorities and those with a familial interest. Read our DOLS page for more information on the area.
Health and Welfare
Health and Welfare forms one part of the work of the Court of Protection Team.It can include Personal welfare applications, including whether it is in the person’s best interests to live in a family home or residential care or other care setting, disputes over arrangements for contact with family members, decisions on complex/interventionist care packages involving deprivation or restriction of liberty and Serious medical treatment applications. Our team are also experienced in contested applications for the appointment of welfare deputies and proceedings concerning 16 and 17 year old young people and the overlapping jurisdictions of the Court of Protection and Children Act 1989.
Property and affairs
One area of the work of the Court of Protection is the arrangements for the property and affairs of vulnerable people unable to manage such matters for themselves.
Our team are experienced in contested applications for the appointment of financial affairs deputies and other property and affairs applications. These include applications pertaining to arrangements for a person’s affairs necessitated by a move to supported living or into long-term residential care and issues arising under Lasting Powers of Attorney including such as applications by the Office of the Public Guardian to revoke the power.
Our Court of Protection, Deprivation of Liberty, Health and Welfare, and Property and Affairs teams are all led by Simon Bickler QC and has a breadth of experienced counsel from junior call to senior juniors and those in silk.
