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Court of Protection

Compassion and Expertise

we understand the intricate and sensitive nature of Court of Protection issues. Our dedicated team of legal professionals offers specialised advice to a wide range of sectors, including social housing providers, care homes, and even sports organisations.

We’re here to support you in navigating the legal complexities of mental capacity, decision-making, and safeguarding individuals in need of support. We advise clients across the UK in ensuring that their practices are legally sound and ethically responsible.

Who do we work for?

We offer advise to a wide breadth of sectors:

  • The NHS
  • Affordable Housing providers
  • The Social Care Sector
  • The Emergency Services
  • Independent healthcare providers
  • Care Homes

What we do

Mental Capacity in Decision-Making

Making decisions on behalf of individuals who lack capacity is a responsibility that requires careful legal navigation. Our team is well-versed in advising on all aspects of mental capacity and best-interest decisions. We work closely with our clients to ensure that they are fully compliant with the Mental Capacity Act and understand their obligations when making decisions on behalf of vulnerable individuals.

  • Advice on Best Interest Decisions: Guidance on making informed, legally sound decisions that prioritise the well-being of individuals lacking capacity.
  • Support with Legal Applications: Assistance in applying to the Court of Protection for necessary orders to ensure decision-making aligns with legal standards.
  • Capacity Assessments: Legal advice on conducting and interpreting capacity assessments to ensure compliance and accountability.
Coronial Advice and Inquests

For organisations involved in supporting vulnerable individuals, sudden or unexplained deaths can lead to inquests or coronial investigations. Our team offers empathetic, expert support to help you navigate these sensitive matters.

  • Inquest Representation: Experienced representation at inquests, particularly in cases involving social housing providers, care homes, and other entities responsible for supported living arrangements.
  • Coronial Liaison: Coordination with Coroners and assistance with document disclosure to ensure a compliant and respectful inquest process.
  • Training and Guidance: Practical training for your team on how to handle inquests, prepare witnesses, and understand the inquest process to manage future cases effectively.
Supported Living and Capacity

Supported living arrangements for individuals who lack capacity bring unique legal considerations. Our team provides comprehensive guidance to help organisations ensure that supported living environments are compliant, respectful, and protective of individuals’ rights.

  • Capacity and Tenancy Agreements: Advice on tenancy agreements for individuals lacking capacity, ensuring legal clarity and protection for both providers and residents.
  • Safeguarding Compliance: Guidance on safeguarding policies to protect residents and meet regulatory standards.
  • Ongoing Support and Dispute Resolution: We offer continued legal support to address issues that may arise in supported living settings, such as tenancy disputes or care planning disagreements.

Get in Touch

If your organisation requires expert advice on mental capacity, supported living arrangements, coronial inquiries, or capacity-related injury claims, Ward Hadaway’s Court of Protection team is here to help. We’re ready to support clients across the UK in ensuring that their practices are legally sound and ethically responsible.

Contact a specialist

Lisa Evans

Partner | Health and Care Advisory Team

+44 (0) 330 137 3393

+44 (0)773 846 2682

Email Lisa Evans

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Georgina Rowley

Partner | Health and Care Advisory Team

+44 (0) 330 137 3379

+44 (0) 792 149 8907

Email Georgina Rowley

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Neil Smart

Managing Associate | Health and Care Advisory Team

+44 (0) 330 137 3396

+44 (0) 773 268 8249

Email Neil

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Catharine Busby

Partner | Health and Care Advisory Team

+44 (0)330 137 3365

+44 (0)789 448 0133

Email Catharine Busby

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Meet the whole team