Services
Court of Protection
What is Court of Protection and who is it for?
There may come a time when a loved one loses capacity and decisions are being made on their behalf, decisions which you may not believe to be in their best interests, these decisions can be challenged in the Court of Protection.
Whether there are ongoing proceedings for which you require representation or you need some general advice and assistance, one of our experienced solicitors can assist. We are members of the Court of Protection Practitioners Association and have been awarded the Law Society Quality Mark for excellence in client care and practice management.
Our Court of Protection team is headed by our director, Rakesh Veja who is accredited under the Law Society Mental Capacity (Health & Welfare) Accreditation.
The court can be asked to make a number of best interest decisions, some of which may include;
- Whether they should be deprived of their liberty in a residential or hospital setting
- Restrictions on contact and visits with certain family members or friends
- Where they should live and with whom
- What care, treatment and support they should receive, and who should provide this
- Social relationships and community access
- Whether they can access social media and the internet
- Whether they can be detained in a care home or hospital against their will
- Whether they have the capacity to engage in sexual relationships or to marry
- Any other aspect relating to their health and welfare
A team of specialist practitioners with a wealth of experience
Our team comprises of niche practitioners who only practice in this area of law and so have a wealth of experience and knowledge to ensure that we achieve the best possible outcomes for those we represent.
We are regularly instructed by advocates and PPR’s on behalf of those who are being deprived of their liberty in a care home or hospital setting under a Deprivation of Liberty Safeguard (DoLS). We only ever represent the person who is deemed to lack capacity or their family and friends. We work closely with some of the most experienced barristers and experts in the country to ensure that we are able to provide the best possible outcome for our clients.
What is a deprivation of liberty safeguard (DoLS)?
The Deprivation of Liberty Safeguards (DoLS) are part of the Mental Capacity Act, it provides a legal framework to lawfully deprive an individual of their liberty in a care home or hospital setting. An individual can be subject to either an urgent or a standard DoLS authorisation. A standard authorisation is granted by a local authority following a series of assessments.
How can you challenge a DoLS?
Anyone that is deprived of their liberty and is subject to a DoLS has a right to challenge that deprivation of liberty by making an application to the Court of Protection, especially if they are objecting to the deprivation or it is not believed to be in their best interests.
Will I be eligible for legal aid?
In certain circumstances, legal aid may be available without a means assessment, in other cases there may need to be a means assessment and so we will have to undertake a financial review. One of our team members will be happy to discuss this with you and advise as to whether you will be eligible for legal aid.
If someone lacks capacity, do all their decisions need to be made by the court?
Not all decisions on behalf of someone that lacks capacity need to be made by the court. Best interest decisions can be made on a day to day basis by family members and professionals who are responsible for the persons care and well-being. If there is a dispute as to what is in the persons best interests, an application can be made to the Court of Protection to make that decision.
What is a litigation friend and an accredited legal representative (ALR)?
If there are proceedings in the Court of Protection, the court will always consider how to facilitate the participation of the person who is deemed to lack capacity. The court will do this by appointing either a Litigation Friend or an ALR. The Litigation Friend can be a family member or the Official Solicitor, who usually then instruct a solicitor to conduct the proceedings. An ALR is a solicitor who is accredited under the Law Society ‘Mental Capacity (Health & Welfare) Accreditation’ and is able represent the individual who lacks capacity directly.
Who decides if someone lacks capacity?
If there are concerns with a person’s capacity, it may be appropriate for a mental capacity assessment to be undertaken. Technically anyone can carry out such an assessment, but it should be undertaken by someone who knows the person well and has the appropriate knowledge to ensure the tests are properly applied. If there is a disagreement over the conclusion of the assessments, it is for the Court of Protection to decide if a person lacks capacity.
What is a deprivation of liberty safeguard (DoLS)?
The Deprivation of Liberty Safeguards (DoLS) are part of the Mental Capacity Act, it provides a legal framework to lawfully deprive an individual of their liberty in a care home or hospital setting. An individual can be subject to either an urgent or a standard DoLS authorisation. A standard authorisation is granted by a local authority following a series of assessments.
How can you challenge a DoLS?
Anyone that is deprived of their liberty and is subject to a DoLS has a right to challenge that deprivation of liberty by making an application to the Court of Protection, especially if they are objecting to the deprivation or it is not believed to be in their best interests.
Will I be eligible for legal aid?
In certain circumstances, legal aid may be available without a means assessment, in other cases there may need to be a means assessment and so we will have to undertake a financial review. One of our team members will be happy to discuss this with you and advise as to whether you will be eligible for legal aid.
If someone lacks capacity, do all their decisions need to be made by the court?
Not all decisions on behalf of someone that lacks capacity need to be made by the court. Best interest decisions can be made on a day to day basis by family members and professionals who are responsible for the persons care and well-being. If there is a dispute as to what is in the persons best interests, an application can be made to the Court of Protection to make that decision.
What is a litigation friend and an accredited legal representative (ALR)?
If there are proceedings in the Court of Protection, the court will always consider how to facilitate the participation of the person who is deemed to lack capacity. The court will do this by appointing either a Litigation Friend or an ALR. The Litigation Friend can be a family member or the Official Solicitor, who usually then instruct a solicitor to conduct the proceedings. An ALR is a solicitor who is accredited under the Law Society ‘Mental Capacity (Health & Welfare) Accreditation’ and is able represent the individual who lacks capacity directly.
Who decides if someone lacks capacity?
If there are concerns with a person’s capacity, it may be appropriate for a mental capacity assessment to be undertaken. Technically anyone can carry out such an assessment, but it should be undertaken by someone who knows the person well and has the appropriate knowledge to ensure the tests are properly applied. If there is a disagreement over the conclusion of the assessments, it is for the Court of Protection to decide if a person lacks capacity.
When do you need to go to the court of protection?
You may need to go to the Court of Protection if all other ways to make decisions, such as best interests meetings, have been unsuccessful. Sometimes family, or the person themselves, have strong views as to what is in their best interests and an agreement cannot be reached. When there are major disagreements, about serious issues, the matter can be referred to the Court of Protection for resolution.
Testimonials
“He is highly respected by the Judiciary, Counsel, and legal professionals within the Court of Protection. His expertise and specialist skills are widely recognised as a Higher Court Advocate. What makes Rakesh an outstanding lawyer is not only his evident knowledge and skill but also the values and behaviours that underpin his delivery of the highest standards of legal practice and the exemplary care of his clients.”
“It has been a delight to see such a strong Court of Protection team as Thaliwal & Veja now is, and the success of the firm in this area of law is an absolute testament to the hard work and dedication that they have shown. They are, in my experience, considered one of the leading firms for this work”
“Throughout that time and indeed to date, I have never ceased to admire their quiet and efficient dedication to clients at all hours and their thorough command of the law and practice, both in this area and generally. They are quite simply, experts in all matters within the ambit of the Court of Protection”
“He is a committed and effective advocate for the legal rights of vulnerable adults and their families who typically have complex needs and/or issues and may lack the capacity to effectively make key decisions in their lives. Rakesh is genuine, warm, respectful and empowering with all his clients”