KBW Chambers is at the front-line of the law concerning decision making for those who lack capacity. Our Court of Protection team, led Susan McKendry, is highly regarded for their expertise in the area of mental capacity law.
Our work involves all areas of mental capacity, human rights, social care and financial decision making. We advise and represent statutory bodies as well as adults and children who lack capacity to make specific decisions and their families. We are often instructed by the Official Solicitor for the person who lacks capacity in Court of Protection and family proceedings.
Our Court of Protection team provides expertise accumulated before and since the implementation of the Mental Capacity Act 2005, in all areas of mental capacity law. This includes health and welfare as well as property and affairs in the Court of Protection, the Inherent Jurisdiction and the interface with family proceedings.
Our work involves questions relating to residence in care homes and supported living accommodation, contested contact arrangements, consent to/engage in sexual relations, decisions to marry, use contraception, care and support arrangements and habitual residence.
We frequently act in cases involving deprivation of liberty challenges under Section 21A Mental Capacity Act 2005. We are expert in serious medical treatment issues and matters concerning children and vulnerable adults. We also act in committals following breach of injunctions, cross-border disputes and contentious property and affairs cases.
Our team has extensive experience in pursuing and conducting alternative dispute resolution and mediation. We act with sensitivity and strive to promote dignity in this complex area of practice.
Team Head: Susan Mckendry