Court of Protection

 

Rook Irwin Sweeney  is a ‘growing and excellent team of cutting-edge lawyers’. The three founding partners are all ‘outstanding lawyers’: Alex Rook, Polly Sweeney and Anne-Marie Irwin. They are ‘all extremely knowledgeable about the Court of Protection and are prepared to work their cases hard’. – Legal 500, 2023

Rook Irwin Sweeney is a renowned human rights and public law firm, with expertise in the Court of Protection and a particular focus in assisting the families of disabled children. The team routinely acts on residence and care decisions, serious medical treatment matters and novel welfare applications. – Chambers and Partners, 2023

We specialise in issues of mental capacity and best interests, including health and welfare cases before the Court of Protection, having acted in some of the most significant cases in the Court of Protection since its establishment in 2005.

The Mental Capacity Act 2005 provides a legal framework for acting and making decisions on behalf of adults who may lack capacity to make particular decisions for themselves and established the Court of Protection as the forum for resolving legal disputes in this area.

We regularly act on behalf of families as well as those who are the subject of proceedings in the Court of Protection  – usually through a litigation friend such as the Official Solicitor, an advocate or a paid representative. We’re also able to act as accredited legal representatives, where appropriate.

We are experts in cases involving disabled people, including those with learning disability, autism, dementia or brain injury.

Issues we advise on include:

• Medical treatment, including the withdrawal or withholding of of life sustaining treatment for both children and adults, which may address a person’s “right to life”. These cases may concern people who are at the end of life or are in a prolonged disorder of consciousness, such as a vegetative or minimally conscious state
• Deprivation of liberty in a care home, a person’s own home, an assessment and treatment unit (“ATU”) or any other setting
• Applications for welfare deputyship
• Disputes about whether a person has capacity to make a particular decision and what is in a person’s best interests, including the issues of marriage, sexual relations, residence and contact
• Cross-border disputes
• Media attention, including reporting restrictions and anonymisation

If you’re affected by any of these issues, we can guide you through the legal process with expertise and care.