Court Of Protection

At CJCH we have a unit dedicated to Court of Protection (CoP) for representation before the court relating to Deprivation of Liberty Safeguards (Dols), welfare orders, Property and financial affairs and deputyship applications.

The Court of Protection considers applications made before it in relation to decisions regarding a person’s health and welfare, or property and financial affairs as they have been deemed to lack capacity to make such decision for themselves.

We are regularly instructed by Independent Mental Capacity Advocates who are the ‘voice’ for those subject to a deprivation of liberty safeguard, and regularly appear before the court to challenge a person’s deprivation. We also represent families where applications are made by the local authority or health board concerning a person’s welfare, and represent those persons who wish to challenge this decision.

We have a dedicated team who have an advantage in this area due to their extensive experience and knowledge in both mental health law and mental capacity act decisions. The team also consists of specialist non-legal consultants assisting the solicitors who have worked directly within the Independent Mental Capacity services to offer a holistic approach to everything we do.

A Court of Protection Deputy is a representative who is authorised by the Court of Protection to make decisions on the person’s behalf. The CJCH Solicitors team have one of the longest standing track records for providing CoP representation with over seven years of deputyships and deprivation of liberty safeguards.

Who is considered to lack mental capacity? A person who has suffered serious brain injury or illness; has dementia; or has severe learning disabilities.

How can we help? Our Solicitors and case workers are able to assess your situation and determine the most beneficial support plan for yourself or your loved one. We understand the difficulties an individual, their family and their carers go through when faced with reduced mental capacity, and we do everything in our power to manage the situation on your behalf. As a Court of Protection Deputy, we act in the client’s best interest, manage and safeguard their assists and make the critical medical and lifestyle decisions on their behalf to ensure they receive the care they deserve. The CJCH team can ease the burden associated with metal capacity challenges.

We can offer :

  • Deprivation of Liberty Safeguards (DoLs)
  • Mental Capacity Act Challenges
  • Section 16 Welfare Order challenges
  • Management of personal affairs
  • Welfare matters
  • Legal Aid available
  • Representation at court
  • Power of Attorney
  • Protection of Vulnerable Adults
  • Applications for property and affairs / health and welfare attorneys
  • Human Rights Claims
  • Health and Social Care assessments

 

 

Our Team

  • Amy Roberts-Rees

    Amy is a Partner at CJCH and has been specialising in Mental Health Law for over 8 years. Having been a Solicitor at CJCH for 4 years, she practices in the areas of Mental Health Law and Court of Protection for Welfare.

  • Jodi Winter

    Jodi is Head of Department for Family and Children Law and a partner at CJCH. She advises and represents both individual and corporate clients and with over 17 years experience, she specialises in a number of areas including Family Law, Public Sector and Mental Health Law.

  • John Moore

    John advises Private Clients in the areas of Wills & Probate, Power of Attorney, Deputyship, and Residential Conveyancing. Although specialising in Private Client services since 2013, he has been with CJCH since 2003, and has been a Qualified Solicitor since 2010.

  • Rebecca Evan-Williams

    Rebecca joined CJCH in 2017 and is a qualified, non-practicing, Barrister having qualified in 2005. She specialises in Mental Health Law and Court of Protection for Welfare.