Some of the things we can do to help you get the best outcome:
If you don’t think your relative lacks capacity to make a particular decision, how can we help?
We can obtain an independent medical examination of your relative’s capacity. If the matter is already before the Court of Protection, we can ask the court to order an independent medical report on their capacity (sometimes known as a section 49 report). Capacity is the cornerstone of proceedings in the Court of Protection; therefore the evidence that a person lacks capacity must be cogent and robust.
My relative is subject to a Deprivation of Liberty Safeguard and is being detained in a care home. I want her to come home; what can I do?
An adult who has been placed in a care home or hospital who is not free to leave should be protected by the Deprivation of Liberty Safeguards [DoLS]. These safeguards require that any deprivation of liberty must be in the best interests of the person who lacks capacity and must be the least restrictive option to protect them and others from harm.
If your relative is being deprived of their liberty under a DoLS and you wish to challenge it, we can make an urgent application to the Court of Protection to hear the matter.
I am not sure if I am my relative’s RPR, what can I do?
The RPR (Relevant Person’s Representative) has a particular role under the MCA, and it is always worth finding out from the supervisory authority that has been appointed as RPR. In some cases, it may be possible to challenge someone else’s appointment as RPR. It is also worth knowing that the RPR is entitled to non-means tested Legal Aid in respect of an application to the Court of Protection.
I can’t get hold of relevant documents, what can I do?
Unless you are a welfare attorney or deputy, you won’t have any automatic right to access a relative’s personal records. We can help you apply for disclosure, relying on rights under Article 8 of the European Convention and relevant case law.
I need help putting my side of the case
Whilst sometimes there are disputes about the facts – the truth of what happened – often disputes are more about how the facts are should be interpreted; in the first case, there may be what is known as ‘fact finding’ but in the second case, where the issues are more likely to be related to the person’s best interests, we can help you present and argue your case.
For instance, we can help you obtain and set out clear, well organised written evidence in the form of witness statements.
I need somebody to speak on my behalf
All our lawyers have advocacy experience and a number have appeared in the Court of Protection. Where a client is eligible for Legal Aid, we will normally be able to instruct counsel; in private instructions, depending on the level of judge hearing the case, it is likely to be more cost-efficient for us to do some ( or even all) of the advocacy.