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Court of Protection

"Garden Court Chambers houses significant expertise across a wide range of health and welfare matters, drawing on the set’s additional strengths in family, public and human rights law."

Chambers UK Bar Guide

"Members are regularly called upon to act for the Official Solicitor, local authorities and professional advocate litigation friends in cases involving deprivation of liberty, forced marriage and the safeguarding of vulnerable adults."

Chambers UK Bar Guide

"The chambers staff and clerks are always welcoming." "It is a first-rate set with first-rate clerking." "The clerks are professional and efficient."

Chambers UK Bar Guide

"Members are highly sought after for their expertise in health and welfare matters. The team is able to draw on the set's wider knowledge & experience in public law matters when advising on complex and cross-disciplinary cases, and is regularly instructed in sensitive mental capacity and residence matters."

Chambers UK Bar Guide

"Additional areas of strength for the set's barristers include forced marriage and deprivation of liberty disputes, and members act on behalf of protected parties and their families, the Official Solicitor and public bodies."

Chambers UK Bar Guide

To contact the Court of Protection Clerks, please email copclerks@gclaw.co.uk or phone

+44 (0)20 7993 7600

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Chambers UK Bar 2021: Top Ranked
Legal 500 2022: Top Tier Set

Our busy Court of Protection barristers act for family members, the Official Solicitor, professional Relevant Person's Representatives and other litigation friends, local authority or healthcare bodies.

We invite instructions in court cases and advisory work from clients in all parts of England and Wales. Our barristers are regularly instructed on an urgent basis, and we are happy to provide telephone advice and draft applications at short notice.

Click here to view recent social welfare updates from the Court of Protection Team

our expertise

We cover a broad range of areas under the Mental Capacity Act 2005, with an emphasis on health and welfare issues, as well as cases under the High Court’s jurisdiction in relation to vulnerable adults. Our work includes:

  • 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
  • Serious medical treatment applications
  • Section 21A applications challenging authorisations of deprivation of liberty in a care home or hospital under the Deprivation of Liberty Safeguards (DOLS)
  • Emergency applications, e.g. the transfer of a person lacking capacity to a new care setting, requiring a transfer plan with potential deprivation of liberty, requiring advance authorisation by the court
  • Advising on local authority safeguarding duties and on the community care law issues arising in Court of Protection cases
  • Contested applications for the appointment of deputies (welfare/financial affairs), and other property and affairs applications, e.g. issues arising under Lasting Powers of Attorney, such as applications by the Office of the Public Guardian to revoke the power
  • Proceedings concerning 16 and 17 year olds, and the overlapping jurisdictions of the Court of Protection and Children Act 1989
  • Members of our team can also offer expertise in related areas of law: community care, public law, mental health and family law. We can advise in these areas when they arise in Court of Protection cases and can act in related proceedings.

 

TRAINING AND PUBLICATIONS

We are pleased to offer training to legal practitioners and organisations. We provide webinars which are advertised on the chambers’ website and which are open to all and tailored to the training needs of the audience. Please contact the clerks to discuss how we may be able to help with any training needs you may have.

We provide case summaries and notes about recent developments in COP and other areas of social welfare law on our Social Welfare Updates page. Several members of our team are editors of the Community Care Law Reports.

 

Recent notable cases and news

Gráinne Mellon acts in first Court of Protection case concerning Covid-19 Vaccination and the Mental Capacity Act

Gráinne Mellon of the Court of Protection Team was instructed on behalf of Mrs E, by her Accredited Legal Representative, Keith Clarke of Burke Niazi Solicitors.

28 January 2021

On International Day of Older Persons our Court of Protection barristers write about why human rights are needed now more than ever

Blog post by the Garden Court Chambers Court of Protection Team.

1 October 2020

Garden Court Chambers welcomes Abigail Holt as a new tenant

7 September 2020

Garden Court Chambers ranked in Band 1 in Chambers UK Bar Guide 2020

We are delighted to have once again been ranked in Band 1 by Chambers and Partners in the Chambers UK Bar Guide 2020.

17 October 2019

High Court’s inherent jurisdiction for the protection of vulnerable adults (Southend-on-Sea Borough Council v Meyers)

20 March 2019

Catrin Lewis appointed Fee Paid Judge in the Court of Protection

We are delighted to announce that Catrin Lewis has been appointed Fee Paid Judge in the Court of Protection.

30 January 2019

Garden Court Chambers ranked in Band 1 in Chambers UK Bar Guide 2019

We are delighted to have once again been ranked in Band 1 by Chambers and Partners in the Chambers UK Bar Guide 2019.

5 November 2018

Garden Court Chambers is delighted to welcome back Artis Kakonge from her sabbatical

Artis is returning to Chambers after spending the past few years working in local government.

5 February 2018

Upper Tribunal gives guidance on age assessments

Tessa Buchanan appeared for the applicant, AS. 

9 November 2017

Garden Court is delighted to announce that all four of the pupils who started in October 2016 have accepted offers of tenancy at the end of their pupillage

Stephen Clark, Tihomir Mak, Laura Profumo and Franck Magennis have joined Chambers as full members and have already started developing their practices.

1 November 2017

Bach Commission report calls for Rights to Justice Act and far wider eligibility for legal aid

Garden Court Chambers contributed evidence to the Bach Commission.

22 September 2017

Proof magazine #3: ‘Life in the Justice Gap: Why legal aid matters’ launch supported by Garden Court Chambers

Garden Court Chambers is proud to sponsor Proof magazine. The third issue of Proof was co-produced by the Justice Gap and the Justice Alliance.

20 July 2017

Garden Court Chambers extends condolences and solidarity to all those affected by Grenfell Tower tragedy

Garden Court Chambers is horrified by the fire at Grenfell Towers. We extend our condolences and our solidarity to all those bereaved, injured or rendered homeless.

16 June 2017

Leslie Thomas QC, Judy Khan QC and Marc Willers QC elected as Joint Heads of Chambers

Garden Court is delighted to announce that Leslie Thomas QC, Judy Khan QC and Marc Willers QC have been elected as Joint Heads of Chambers.

31 January 2017

Garden Court Chambers ranked in Band 1 in Chambers UK Bar Guide 2017

We are delighted to have once again been ranked in Band 1 by Chambers and Partners in the Chambers UK Bar Guide 2017.

2 November 2016

All notable cases and news

Past Notable Cases

 

T(A child) [2021] UKSC 35
Supreme Court judgment dismissing the appeal of T, a 15-year old, and holding that the use of the inherent jurisdiction to authorise the deprivation of liberty in cases such as this is permissible, but expressing grave concern about its use to fill a gap in the child care system caused by inadequate resources.

Re E (Vaccine) [2021] EWCOP 7, Hayden J: Covid-19 vaccination case; 80-year-old resident of a care home with dementia diagnosis; best interests when son objecting to vaccination

AG v (1) AM (by his litigation friend, the Official Solicitor) (2) LBE (3) MH (4) ECCG [2020] EWCOP 59:  whether in the best interests of a brain-injured man to move from a nursing home to be cared for at home by extended family and CCG-funded carers.

A and B v Z and A Local Authority and M (by her litigation friend) [2018] EWCOP 4, Theis J: appeal against a decision of the circuit judge as to the place of residence of a person lacking capacity; appeal allowed because the judge had formed her view before hearing the case; principles on what is and what is not permissible by way of interventionist judicial case management.

AB v HT, LB Hammersmith & Fulham, M (by her litigation friend the Official Solicitor) and MS [2018] EWCOP 2: Baker J held that the presumption of capacity had not been rebutted and an Islamic marriage (nikkah) was valid; principles on fact finding in the Court of Protection.

Health Service Executive of Ireland v PA and Others [2015] EWCOP 38; [2015] WLR (D) 243: decision of Baker J on the scope and interpretation of Schedule 3 of the Mental Capacity Act 2005 (International Protection of Adults).

Re X and others (Deprivation of Liberty) [2014] EWCOP 25; and [2014] EWCOP 37: Sir James Munby determined the procedure for court-authorized deprivation of liberty following the expansion of the concept by the UKSC ruling in Cheshire West.

Islington LBC v QR [2014] EWCOP 26: the court gave guidance of capacity to make decisions to enter a supported living tenancy.

An NHS Trust v Mrs P and Ms P (by her litigation friend the Official Solicitor) COP11984767, 10 January 2013. Hedley J determined that a young woman with learning difficulties had capacity to make her own decision whether to continue with her pregnancy. Read more in the BBC report

B (A Local Authority) v (1) RM (2) MM (3) AM, Hedley J [2010] EWHC 3802 (Fam); [2011] 1 FLR 1635 Hedley J gave guidelines on Article 3 of the Transfer of Proceedings Order concerning the parallel jurisdictions for 16 and 17 year olds under the Mental Capacity Act 2005 and Children Act 1989.

LBH v GP and MP [2010] 13 CCLR 171 Coleridge J: In response to the inappropriate means used to remove a person with a learning disability from their home to a care home, the court gave guidance on how the parties and the courts should deal with cases where the police are to be involved in effecting a move of a person lacking mental capacity.

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