36 Public & Human Rights is pleased to announce the launch of its dedicated Court of Protection team, reflecting both the growing complexity of this jurisdiction and the profound impact Court of Protection proceedings have on some of the most vulnerable individuals in society.
The Court of Protection sits at the intersection of public law, human rights, health and social care, grappling daily with issues of liberty, autonomy, capacity and best interests. Ongoing systemic pressures, evolving jurisprudence, and imminent legislative reform underscore the need for a specialist team of barristers with the expertise, sensitivity and practical experience required to navigate this challenging landscape effectively.
In particular, significant changes are anticipated in relation to the Liberty Protection Safeguards and the wider operation of the Mental Capacity Act 2005, alongside renewed judicial scrutiny of what constitutes a deprivation of liberty. These developments carry far-reaching implications for public bodies, practitioners, individuals who lack capacity, and their families.
Against this backdrop, Emma Christie has prepared the following commentary (which can be viewed here: Public doc) examining the proposed reforms, the legal and practical challenges they raise, and the implications for those who work within, and are subject to, the Court of Protection. Her analysis highlights why a focused, specialist approach is essential to ensuring that the rights of vulnerable people are protected, that public authorities act lawfully, and that the Court continues to provide effective oversight.
The establishment of the Court of Protection team within 36 Public & Human Rights reaffirms chambers’ commitment to excellence in public law and human rights advocacy, and to providing rigorous, informed and compassionate representation in this vital area of practice.
To instruct a member of the team, or find out more about their experience, please visit our dedicated Court of Protection practitioners page.
Further information
For more information from the public-law team, contact clerks@36public.co.uk
