Health and welfare disputes

Providing a helping hand in resolving health and welfare disputes

• If someone is found to lack capacity to make decisions about a particular health and welfare decision this can trigger disagreements within their family, as well as with the local authority and the NHS and care providers
• Unfortunately, health and welfare disputes are common, but help is at hand
• Health and welfare decisions must be made in accordance with the main principles of the Mental Capacity Act 2005. However, if an agreement cannot be reached an application to the Court should be considered
• We can advise and represent you at the Court of Protection and ensure your views are properly submitted and therefore considered by the Court

Welfare declarations

The Court of Protection has exclusive jurisdiction to make ‘welfare declarations’ in cases of this nature and we can assist you with applications to the court.

In health and welfare cases, decisions are being made in relation to a person’s:

• Long term residential placement
• Day to day care, including diet and dress
• Contact arrangements
• Consent to or refusal of medical examination and treatment
• Arrangements for medical, dental or optical treatment
• Assessments for community care services
• Ability and agreement to take part in social activities, leisure activities, educational training
• Personal correspondence and papers
• Rights of access to personal information
• Complaints about care or treatment

The Court of Protection have their own regulations and rules which must be followed. The Court will also expect all attempts to resolve a dispute to have been exhausted before a dispute is brought before the court.

How Moore Barlow can help

We can assist you with an application to the Court of Protection to appoint Deputies who will be legally authorised to make decisions relating to an individuals health and welfare matters. Where there is no one with legal authority, we can advise and represent you at the Court of Protection and ensure your views are properly submitted and therefore considered by the Court.

We understand that health and welfare disputes can be stressful for you and your family, which is why we will take the time to understand your needs and requirements in order to achieve the best outcome for you as efficiently as possible.

We have offices in Southampton, London, Guildford, Woking, Lymington and Richmond and can offer specialist advice and support nationwide. Contact us for more information.