St Ives Chambers’ Court of Protection group is a specialist team of barristers dealing with all areas of mental capacity law and practice in this dynamic area. The group has a range of expertise at all levels of experience and is able to offer advice, guidance and representation at all stages of proceedings.

The Court of Protection often overlaps with other areas of law, from mental health and community care law, to housing and family proceedings. The breadth of experience within the group and throughout Chambers ensures that the team can provide a comprehensive service for clients, regardless of the issue.

Members of the group recognise that applications to the Court of Protection are often fraught with difficulty, both legal and emotional, particularly when family members are involved. They strive to promote solutions which acknowledge all aspects of a client’s situation and are sympathetic to the realities of people’s day-to-day lives.

Who can refer?

  • Areas of work include advice, consultancy and representation for:
    • Health care professionals
    • Local authorities and social landlords
    • Office of the Public Guardian
    • Official Solicitor
    • Private individuals, including Deputies and those holding Lasting Powers of Attorney

What areas of work are covered?

The group can offer advice and representation relating to:

  • Advance decisions and statements
  • Applications relating to Deputies
  • Applications, practice and procedure in the Court of Protection
  • Assessments of incapacity and Best Interests decision making for incapacitated persons
  • Deprivation of Liberty Safeguards 2007
  • Detention / Restraint including young persons under the age of 18
  • Forced marriage
  • Independent Mental Capacity Advocates (IMCAs)
  • Judicial review of local authority discharge of community care functions
  • Lasting and Enduring Powers of Attorney
  • Mental Capacity Act 2005 and the relevant Codes of Practice
  • Mental Health Act 1983 and 2007 (including Mental Health Review Tribunal work)
  • The role of the Public Guardian