Our team have considerable experience and expertise in advising and representing individuals and their families in relation to clients who are or consider themselves to be deprived of their liberty in care homes or hospitals in accordance with the Mental Capacity Act 2005.
Where an individual is not allowed to leave a care home or a hospital then that individual may be deprived of their liberty in accordance with the Mental Capacity Act. Many people in care homes are subject to an urgent or standard authorisation issued under the Act by their local authority which legally authorises the deprivation of that individual's liberty. Importantly the individual or any other interested party (ie; a family member or members) has a right to appeal against that person's deprivation of liberty to the Court of Protection. The Court has a power to overturn or vary an urgent or standard authorisation.
For a legal challenge against an urgent or standard authorisation to deprive a person of their liberty non-means tested public funding is available. In all other cases means tested public funding may be available.
Contact Ben Conroy at firstname.lastname@example.org or 01872 272 457