Court of Protection

Overview

Landmark has excellent strength and depth at both the silk and junior levels in providing advice and representation in Court of Protection matters. Members act for the full spectrum of participants: protected parties (including via the Official Solicitor), local authorities, health bodies, family members and the Public Guardian.

Covering both health and welfare and property and affairs cases, particular issues which members have dealt with include:

Health and Welfare

• Medical treatment
• Covert medication
• Residence
• Care and support
• Contact
• Sex and relationships
• Marriage
• Internet and social media use
• Removal from the jurisdiction

Property and Affairs

• Financial management
• Tenancy agreements
• Validity and revocation of Lasting Powers of Attorney
• Appointment of deputies.

Members are experienced in dealing with issues of mental and physical abuse, coercive control and longstanding familial dysfunction and enmeshment.

In addition to advocating for clients in Mental Capacity Act 2005 proceedings in the County Court and upwards, members also have experience of proceedings under the inherent jurisdiction of the High Court. As well as adult cases, this has involved members providing advice and representation in cases where children are deprived of their liberty, including in unregistered placements.

Practitioners are adept at handling matters giving rise to complex procedural issues, including injunctions, contempt of court, cross-border considerations, related criminal investigations and parallel and related legal proceedings, including judicial review and Human Rights Act 1998 challenges.

As a chambers with exceptional practitioners in public law more generally, the Landmark team bring to bear their extensive knowledge and experience of areas which often overlap with Court of Protection proceedings, including: health and social care (particularly care funding and care leavers), mental health, education, immigration, social security, housing and human rights. In this context, current members of chambers contribute to the leading practitioners’ textbooks on Adult Social Care (Stephen Knafler QC) and NHS Law (David Lock KC and Hannah Gibbs).