This note has been produced to offer guidance to Councils about when the intervention of the Court of Protection may be needed in relation to welfare decisions where a person lacks mental capacity for the decision. Any decision in relation to an application to Court of Protection must be informed by the Mental Capacity Act (MCA), the MCA Code of Practice and case law. This is a short summary and overview and not legal advice, which should always be sought in individual situations.
The guide covers the following:
- An Introduction
- Before considering an application to court
- To assist in determining whether court intervention is needed
- To help in determining proportionality
- What options are there if the person has capacity to make the relevant decisions?
- Specific situations in detail:
- Transporting a person to a care home / hospital
- Respite situations
- Deprivation of liberty in a setting other than a hospital or care home
- Limiting contact
- Tenancy agreements
- Deprivation of liberty 21A appeals
- Other scenarios