Mental capacity

The area of mental capacity law and deprivation of liberty is complex and fast moving. It's essential for all practitioners to keep up to date.

We manage one of the largest Court of Protection practices in the country, working with a diverse range of clients in both the public and independent sector. Our dedicated team will provide you with the right support whether you are in a provider or a commissioner, a hospital or a care home to ensure that you get the result you require. We have experience of dealing with a range of issues including serious medical treatment cases, complex care packages in the community, disputes concerning contact and capacity to have sexual relations. We aim to limit your exposure in respect of unlawful deprivation of liberty ensuring that authorisations are dealt with efficiently. Our work encompasses advice on the basic principles of the Mental Capacity Act.

Our experience

We understand your healthcare issues and can support with:

Urgent cases involving complex situations requiring us to advise quickly and decisively
Court of Protection applications – whether you are the applicant or a respondent. These include section 21A, section 16 and serious medical treatment cases
Safeguarding concerns (including attending safeguarding meetings where appropriate)
Inherent Jurisdiction cases (these would usually involve minors)
Lasting Powers of Attorneys and Deputies
Cases involving children and young people for example: Gillick competency
Care planning
Advance decisions
Contact issues
Interaction with the Mental Health Act
Staff training, board support and regular case law updates
Drafting new policies or updating existing Mental Capacity Act and Liberty Protection Safeguards
Safeguarding policies across health and social care settings

What our clients say about us

“The team are always knowledgeable and supportive at explaining situations and processes.”

Chambers UK 2024

“The firm has technically strong lawyers who are able to pick things up quickly and run with things.”

Chambers UK 2024

“Mills & Reeve has a very strong depth and breadth to its team. There are no questions I have asked that they have not been able to advise upon.”

Client feedback

“Mills & Reeve is responsible and knowledgeable.”

Chambers UK

Our clients

We advise NHS providers and commissioners and independent sector providers across the country on these issues.

Our lawyers

Our team consists of lawyers with in-depth mental capacity and deprivation of liberty expertise. Our team have previous experience acting for patients and families in CoP proceedings and, together with our work for both public and independent sector clients, have a rounded approach to the issues.