Mental Capacity Solicitors

The law sets out specific processes for how decisions about healthcare and living arrangements should be made on behalf of people who lack the mental capacity to make these decisions themselves. We can act on behalf of these people and ensure that their care and welfare needs are provided for.

The Mental Capacity Act 2010 (MCA) sets out how decisions must be made and states that any decision made on behalf of someone who lacks the necessary mental capacity must be made in their best interests. If the people involved, such as family members, advocates or care organisations, cannot agree on what to do, cases can be referred to the Court of Protection.

Disputes can develop over a variety of issues, including:

Whether an individual does or does not have capacity
Where the person should live (for example, at home or in residential care, or choice of residential care)
What care the person should receive
The person’s contact with others (for example whether contact should be restricted, supervised or stopped altogether)
Whether the person can consent to forming sexual relations
The person’s access to social media platforms (for example whether access should be supervised )
Serious medical treatment (including disputes about stopping or continuing 'life support', and disputes about sterilisation).

If you are involved with a mental capacity dispute, whether it has reached the Court of Protection or not, we can help. Contact our mental capacity lawyers online or call us on 0800 028 1943 to find out more.

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Frequently Asked Questions

Why Should I Choose Irwin Mitchell For My Mental Capacity Case?

Our experienced team of mental capacity solicitors are national leaders in mental capacity disputes.

We have been involved in a number of the leading mental capacity case, including the landmark Cheshire West Supreme Court case, in which we represented the mother of the man at the centre of the proceedings. We are regularly instructed by the Official Solicitor, Independent Mental Capacity Advocates (IMCAs) and care organisations, who come to us because they trust our dedication and expertise in this field.

Our expert lawyers have experience in mediation and in negotiating solutions in hotly disputed cases, both inside and outside the Court of Protection. As a full service law firm, we also offer a wide variety of other services that can be helpful for individuals with reduced mental capacity, such as a representation in healthcare and human rights disputes or help with personal injury trusts.

What Are The Deprivation Of Liberty Safeguards (DoLS)?

A 'deprivation of liberty' is when an adult who lacks the mental capacity to make decisions about their care is under continuous supervision and control and is not free to leave their place of residence.

In many cases this will be justified, but a recent landmark case that we were involved in (the ‘Cheshire West’ case) has established that proper authorisation is needed, even where there is good reason for the deprivation of liberty.

In some situations, authorisation can be obtained through the ‘Deprivation of Liberty Safeguards’ (also known as ‘DoLS’), which allows local councils to authorise deprivation of liberty. However, in many circumstances this authorisation can only come from the Court of Protection, including where there is a dispute about the placement.

If you're involved in a dispute over deprivation of liberty, it's important to get specialist legal advice as this is a complex, evolving area of law. We are the national leaders in this field, having been involved in a number of high-profile cases, including the recent 'community DoLS' cases of Re X and NRA. Contact us today to find out more.

What Are IMCAs, RPRs and PRPRs?

When someone lacks the mental capacity to make a decision about a specific issue, an Independent Mental Capacity Advocate (IMCA) will often be appointed to be consulted about what is in the person's best interests if there is no one else appropriate.

Relevant Person's Representatives (RPRs) are appointed to people subject to a Deprivation of Liberty Safeguards (DoLS) authorisation in a hospital or care home. The RPR supports them through the process, including supporting them to challenge their deprivation of liberty if required.

When there is no one else appropriate to take on the role of representative, a paid relevant person's representative (PRPR) will be appointed.

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Mental Capacity Solicitors

Call one of our experts free on

Mental Capacity - More Information

What Is The Mental Capacity Act (MCA) 2005?

What Is The Court Of Protection?

What Does Lacking Mental Capacity Mean?

Is There Any Funding Available?

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