Court of Protection, Health & Social Care

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Our Court of Protection, Health and Social Care barristers are recognised for their expertise in complex, sensitive and high-profile cases involving mental capacity, health and social care, personal welfare and public law.

The team acts in proceedings before the Court of Protection, Administrative Court and Supreme Court, representing local authorities, NHS and other healthcare providers, hospitals, social care providers, public bodies, families and individuals.

A key strength of the team is the breadth of its expertise. Drawing on Cornerstone’s leading experience in public and administrative law, local government and social housing, our barristers are able to advise on the full legal and practical context of a case – from urgent decisions concerning an individual’s care or capacity to strategic challenges involving policy, budgets and the delivery of public services.

Our expertise

Our barristers advise and represent clients across the full spectrum of Court of Protection, health and social care matters, including:

Serious medical treatment cases
Mental capacity, including fluctuating capacity and capacity to consent to sexual relations
Best interests decisions
Deprivation of liberty
Property and affairs
Adult and child social care
Mental health law
Hoarding
Forced marriage
Cross-border and return abroad cases
The interaction between the Mental Capacity Act, Mental Health Act, Children Act and Care Act
Inherent jurisdiction
Judicial review and public law challenges

Members are regularly instructed in urgent and emergency cases, as well as complex proceedings raising novel or difficult points of law. They guide clients through every stage of litigation, from early strategic advice, roundtable and advocates’ meetings and directions hearings through to final contested hearings and appeals.

The team is also trusted to advise on matters with wider strategic, commercial and reputational implications. Members have acted on major policy and service-delivery issues and have been appointed to government tenders of national significance.

Training

Our barristers are at the forefront of developments in Court of Protection, health and social care law. The team regularly delivers seminars, conferences and specialist training for practitioners, public bodies and other professionals working across the sector.

Each year, we host a Cornerstone on the Court of Protection training conference involving a day of practical insights, discussion and networking opportunities, exploring current issues and developments. Learn more here.