Court of Protection: Health & Welfare | UK Bar

39 Essex Chambers houses what instructing solicitors describe as "a breadth of talent from top to bottom" where the barristers are noted for their expert handling of a wide range of health and welfare cases. Areas of particular strength for the team include disputes concerning serious medical treatment, including the withdrawal of clinically assisted nutrition and hydration, and deprivation of liberty cases. A notable recent example is the case of Pennine Care NHS Foundation Trust v T concerning the hospital trust's permission to treat a child suffering from obsessive compulsive disorder. Members act for a diverse range of clients, including vulnerable individuals and their families, the Official Solicitor and several statutory agencies. The set's tenants have experience appearing before the Court of Appeal and the Supreme Court.

Serjeants' Inn Chambers retains its reputation as a leading set for health and welfare matters, and is routinely instructed in leading cases in the Court of Protection as well as the Supreme Court and Court of Appeal. The team offers considerable expertise in complex medical treatment disputes, including the withdrawal of life-sustaining treatment, as well as cases concerning capacity to consent to sexual relations and deprivation of liberty challenges. The set's strong bench of barristers is regularly called upon to act on behalf of vulnerable individuals and their families, the Official Solicitor and several NHS trusts. Instructing solicitors recommend Serjeants' Inn as the set where "you are guaranteed first-class service and advice." An example of the set's recent work includes representing the Official Solicitor as litigation friend in Mid Yorkshire Hospitals NHS Trust v (1) NB (2) MB. This case concerns the withdrawal of life-sustaining treatment for NB.

Doughty Street Chambers is highly regarded for its expertise in health and welfare matters, and houses a strong bench of barristers experienced in the handling of cases affecting incapacitated adults and children. Members are regularly instructed in deprivation of liberty and serious medical treatment cases, as well as disputes concerning capacity to consent to sexual relations and forced marriages. The set's expertise in this area is complemented by its recognised strengths in human rights, housing and community care law, and its barristers frequently appear in landmark cases before the Supreme Court and the Court of Appeal. The tenants have experience acting on behalf of incapable individuals and their family members, as well as local authorities and health authorities. Recently members have appeared in multiple cases concerning protected parties who have been detained long after they have been declared 'fit for discharge', the most high profile of which relates to the case of Tony Hickmott in Pam and Roy Hickmott v Brighton and Hove City Council. Instructing solicitors report: "There are a lot of specialist, high-quality Court of Protection counsel at Doughty Street."

1GC|Family Law is a well-regarded set with notable expertise in health and welfare proceedings. Members are skilled in the handling of an array of complex disputes, including those concerning forced marriages, capacity to consent to sexual relations, deprivation of liberty and the withdrawal of medical treatment. The team is able to draw on the set's significant expertise in family law when advising on complex Court of Protection matters involving teenagers who lack capacity. Tenants are regularly instructed to act on behalf of family members, the Official Solicitor, NHS trusts and local authorities.

Cornerstone Barristers houses strong capabilities in health and welfare matters, drawing on the set's recognised expertise in community care and social housing law. Its barristers are experienced in the handling of complex deprivation of liberty and forced marriage cases, as well as capacity disputes and matters relating to best interests. Members regularly act on behalf of the Official Solicitor and the Public Guardian, as well as several local authorities, social care providers and vulnerable individuals and their families, among other parties. Instructing solicitors report: "They field a large number of barristers who have experience in complicated matters."

The barristers at Garden Court Chambers are highly sought after for their expertise in health and welfare matters. The team is able to draw on the set's wider knowledge and experience in public law matters when advising on complex and cross-disciplinary cases, and is regularly instructed in sensitive mental capacity and residence matters. Additional areas of strength for the set's barristers include forced marriage and deprivation of liberty disputes, and members act on behalf of protected parties and their families, the Official Solicitor and public bodies. Solicitors note that barristers at Garden Court "can deal with technical points of law as well as being empathetic towards clients." Members have recently been instructed on behalf of a 14-year-old girl in a High Court case which concerned medical treatment authorisation.

No5 Barristers' Chambers offers expertise in a wide range of health and welfare matters. Members are experienced in the handling of complex residence, forced marriage, deprivation of liberty and capacity to consent to sexual relations cases. The set's barristers are regularly instructed to act on behalf of the Official Solicitor, the Office of the Public Guardian, local authorities and health bodies, as well as vulnerable individuals and their families.

Outer Temple Chambers is a highly regarded set for Court of Protection matters, with noted expertise in cases concerning the health and welfare of vulnerable individuals. The team's expertise covers serious medical treatment and end-of-life matters, as well as cases concerning capacity to consent to sexual relations, sterilisation and deprivation of liberty. Members have experience acting on behalf of local authorities and public bodies, as well as protected parties and the Official Solicitor. The set also houses strength in the handling of property and affairs disputes. Recently, members have represented family members in Hinduja v Hinduja which concerns both property and welfare matters involving a high-profile and high net worth individual.