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Health & Welfare Application

Health and Welfare Application


Where “P” (Person proceedings relate to) is deemed to lack capacity, if there is a dispute with the public body responsible for their care/ another family member, then an application to the Court of Protection on “Health and Welfare” grounds can be made. These proceedings will make decisions on issues such as the following (but not limited to):

  • Deprivation of Liberty;
  • Contact;
  • Residence;
  • Care;
  • Medical treatment & End of life decisions;
  • Sexual relations;
  • Contraception;
  • Marriage; and
  • Pregnancy.


In all the above circumstances, our Duncan Lewis Court of Protection Solicitors will guide you through the Court of Protection proceedings. We will ensure your case benefits from our extensive links with top Court of Protection barristers, and wide ranging expert contacts. Our aim is to support you in any way possible to achieve the best result for “P”.




Case Example 1


  • “P” is 18 years old. Low IQ. Lived with various foster parents, and now in children’s home. Needs to leave for a new placement.
  • IMCA disputes residential choice by LA.
  • Also issue re: contact because she her father has contacted her. Allegations of sexual abuse. Application to have her live with him. Best interests issue.
  • During proceedings, it is found that “P” has a boyfriend (also learning difficulties). Sexual contact and contraception becomes an issue. “P” needs education.
  • “P” hides pregnancy from staff. 5 months gone. “P” issue – Can “P” keep the child. Can “P” have a natural birth.
  • After birth “P”’s child is taken away. “P” gets a new boyfriend, and wants another child. “P” is forced to take contraception.
  • Lacks capacity to litigate/ contact/ residence/ sexual relations/ contraception


Case Example 2


  • “P” has learning difficulties, and diabetes. She is around 50 years of age.
  • She lives in a care home. Her mother and brother in a different one. They lived together previously. “P” wants to live with her family.
  • Staff/ IMCA think she would benefit from living with younger people. Concerns are raised that her mother feeds “P” biscuits, and berates her.
  • LA want “P” to live with her family.
  • Report undertaken- Best interests
  • LA- Is instructed to provide education to “P” re: diabetes/residence/finance matters.
  • “P” does absorb some information, but her understanding plateau’s. Experts consider that she cannot understand these areas.
  • “P” therefore lacks capacity to make decisions regarding her: medical care/ residence/ finance.

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