Court of Protection: Health & Welfare

About

Provided by CJCH

The team is a market leader, receiving instructions in a large portion of health and welfare cases before the Court of Protection in Wales from advocacy services, the Official Solicitor and family members seeking representation. 

The team is instructed to advise and represent individuals in cases involving fundamental decisions made in people’s lives. Decisions can include where a person might live, the care or medical treatment they receive, who they are to have contact with, whom they are to have relationships with or marry, how they spend their money, and engage with wider society.

The team handles cases of the highest complexity including sexual relations, marriage, allegations of coercive and controlling behaviour (MB v PB [2022] EWCOP 14), use of the internet, use of social media, contact, diabetes, alcohol, gender transition or where P is an alleged offender. The team acts in urgent cases, often before the High Court, which may involve high levels of risk or complex medical circumstances. 

Amy Roberts-Rees was recently instructed in HH v Hywel Dda University Health Board & Ors [2023] EWCOP 18, being a case involving best interest decisions for a married couple and the question of whether the Court of Protection should hear both cases together.

Sarah Newport has a particular strength and reputation in acting on behalf of 16 -17-year-olds who lack mental capacity in respect of decisions about their personal welfare and are at risk of being ‘trapped in the system’.