Court of Protection

COURT OF PROTECTION

We can assist with the following Court of Protection applications

(a) Best interests: Health and Welfare

(b) Best interests: Property and Financial Affairs 

(c) Deprivation of Liberty 

(d) Urgent, interim and final hearings

Experience

Experience of the above applications on behalf of family members, P and Local Authorities. One of the first barristers in Albion Chambers to be instructed on behalf of the Official Solicitor, and invited to take on the role of team leader for the Court of Protection team.   

Notable cases 

Somerset County Council v MK Led by Kings Counsel representing the mother. A Deprivation of Liberty case involving a disabled teenage girl unlawfully deprived of her liberty for 14 months by the Local Authority. Two week final hearing. The Judge made extensive findings regarding breaches of P’s convention rights. The Local Authority was heavily penalised by way of indemnity costs for “a significant degree of unreasonable conduct” both before and during the proceedings. This was a landmark case. Read more

Services

The following services can only be provided following a suitable assessment of competence and complexity:

Representation at all directions hearings, fact-finding hearings, final hearings and appeals. 

Reading case papers, advising on legal and evidential issues, drafting documents and applications, 1:1 remote or in-person conferences. 

Geography

Written advice, drafting documents, remote conferences and representation at online hearings: England and Wales

Physical Representation: South Wales, South West England and the Midlands

Cases outside the above regions will be considered. Please visit the contact page and provide the details requested. 

Legal Aid...are you eligible...?

Legal Aid is public funding provided by the government to help people who cannot afford to pay privately for legal representation. Kevin is authorised to accept Legal Aid instructions, but all Legal Aid instructions must come from a solicitor. You can check your eligibility for Legal Aid by clicking below.       

What is Public Access...?

Public Access allows members of the public to instruct a barrister directly, without first instructing a solicitor. Under Public Access, a barrister can provide legal advice, draft documents, and represent clients in court, but the barrister must be satisfied that the case is suitable. This arrangement can significantly reduce costs for clients. Kevin is Public Access authorised.    

Solicitor Instructions

As well as accepting instructions from members of the public under the Public Access scheme, Kevin is also instructed directly by solicitors. Kevin accepts both privately paying and legal aid instructions from solicitors, subject to an assessment of complexity, competence and availability. 

Any stage of proceedings

Whilst it is preferable to instruct counsel as early in the proceedings as possible, whether instructed by a solicitor or under Public Access, Kevin can be instructed at any stage of the proceedings, subject to having sufficient time to prepare.