We advise and represent clients in challenges to deprivation of liberty under the Mental Capacity Act. We undertake other health and welfare and property and affairs cases in the Court of Protection which frequently raise complex and novel issues.
Cases include the protection of disabled adults at risk of abuse or neglect, questions of capacity and best interests in relation to medical treatment, sexual relations, marriage, contact, use of the internet/social media, and travel. The firm's cases often involve complex legal and factual disputes and we have extensive experience in representing clients in pre trial negotiations, and also at trial.
In addition, we conduct casework in community care, health and mental health law (excluding mental health tribunal representation), advising clients with disabilities (adults and children) and their carers regarding their entitlement to assessments and services from local authorities and NHS agencies.
Most, if not all of the cases conducted by the firm involve human rights and civil liberties issues including under the Human Rights Act (e.g. the right to liberty, life, a fair trial, private and family life to marry, the right not to be discriminated against), the Equality Act and the Convention on the Rights of Persons with Disabilities. Those fundamental rights underpin many of the issues faced by our clients who either lack capacity in specific areas or are seeking to protect the rights of their family or loved ones who lack capacity.
The firm’s work seeks to raise the profile of the legal rights of people with disabilities, including learning disabilities, as well as those living with conditions such as autism, dementia and many other life-long conditions. We also act for those in mental distress and clients with physical disabilities.