Bison Solicitors Logo

Court of protection

Specialists supporting

families and advocates

Contact us for expert advice

What we do

We help people who have been assessed as lacking capacity navigate Court of Protection proceedings with clarity and dignity.

We can help with:

Capacity and best interests disputes
S21A challenges to deprivation of liberty
S16 welfare applications
DoLS and RPR / RPPR referrals
Litigation Friend or Official Solicitor representation

Supporting you through the complexity

Court of Protection proceedings can feel overwhelming. You are suddenly having to navigate a complex legal system with unfamiliar terminology, while worrying about your loved one's wellbeing and whether their wishes are being heard.

When all you want is what's best for your family member, the legal process can seem daunting. No wonder many clients and families tell us they feel overwhelmed, as they struggle to understand their rights or how to challenge decisions they disagree with.

We understand this confusion because we see it every day. That’s why from the moment you contact us, we will explain everything in plain English and focus on what your loved one actually wants and needs.

Our role is amplifying their voice. Whether your family member is asking to go home, wanting to maintain relationships, or needing a care plan that reflects who they really are, we ensure their wishes guide – and don’t get lost in – the legal process. We treat every person with dignity and respect, understanding that these proceedings affect real lives and relationships that matter deeply.

Whether you’re a family member trying to understand your options, an advocate seeking legal representation for someone you support, or the person whose care is being decided, we’re here to explain what you can do and how we can help.

The difference we make

Our collaborative approach

Court of Protection proceedings work best when everyone involved works together. That's why we've built strong working relationships with advocacy services, care home managers, and local authority professionals across the country.

We keep advocates regularly updated throughout proceedings and invite them to our meetings. This isn't just good practice. It means they can give you or your loved one accurate information about how the case is progressing. We believe everyone should understand what's happening and why, so we make communication a priority at every stage.

We also offer training sessions for advocates, helping them understand their role and how court proceedings work. Our team has delivered training to advocacy services across the country, sharing our expertise to improve outcomes for everyone. This collaborative approach means we can focus on what really matters – ensuring all decisions are made in the best interests of the person at the centre of the case.

How we work

We often receive referrals from “RPPRs” (Relevant Person’s Paid Representatives) at advocacy services. RPPRs visit care home residents or patients in hospital who have been assessed to lack mental capacity to make decisions about their accommodation and care and have been deprived of their liberty. They identify when someone is objecting to their placement. When an RPPR contacts us, we ask them to send us the “DoLS” (Deprivation of Liberty Safeguards) forms and their reports, so we can review the issues and assess whether there are grounds to make a court application.

We also receive referrals directly from the Official Solicitor, as well as from family members who are appointed as “RPRs” (Relevant Person’s Representatives). If your loved one is already subject to Court of Protection proceedings or you feel that proceedings need to be issued, we can provide you with advice.

We’ll arrange to visit your loved one, often with their advocate present, to hear directly from them about their wishes and feelings. This allows us to confirm if they are objecting to their care arrangements and to explain the court process to them in terms they can understand.

If we decide there are grounds for an application, we’ll draft the court documents and submit them to the Court of Protection. We’ll also consider who should act as litigation friend. This could be a family member (if appropriate), the RPPR, or in many cases an Accredited Legal Representative or the Official Solicitor. The litigation friend will then provide us with instructions throughout the case on behalf of the person who has been assessed to lack capacity.

If appropriate, we’ll notify close family members and people involved in their care and keep them regularly updated.

If your family member has been assessed to lack mental capacity to make decisions related to their accommodation and care, is deprived of their liberty and objects to that placement, they will be entitled to non-means tested legal aid. In other situations, they may be entitled to means-tested legal aid or may need to pay privately. We can advise you or them of this.

Speak to a solicitor

THE EXPERTISE AND COMMITMENT YOU NEED

Our team includes three Accredited Legal Representatives who can act as both litigation friend and solicitor, streamlining the process and ensuring continuity of representation. This specialist qualification means we can fulfil both roles required in Court of Protection cases, reducing delays and complications.

What makes our team distinctive is the breadth of experience we bring from all aspects of the legal system. Some of our senior solicitors have previously worked for local authorities, giving us insight into both how decisions are made and challenged. Others have previously worked in childcare and family law, are experienced solicitor advocates, and sit as magistrates.

Our Court of Protection work covers a broad range of situations. We help people return home with suitable care packages, attend concerts and go on holiday, and secure capacity reassessments when needed. And we don't just focus on whether someone is in the right placement. We consider their wishes, care needs, relationships, what is in their best interests, and what would make them genuinely happy.

We are also Dementia Friends through the Alzheimer’s Society. We have significant experience representing people with dementia and complex mental and physical health diagnoses.

We treat every person with dignity and respect, always putting their wellbeing and quality of life at the heart of everything we do.

Get legal Help now

When you might need our help

Court of Protection cases often arise when families face difficult decisions about their loved one's care and living arrangements. Here's how we help:

When your loved one is objecting to their care home placement

We challenge Deprivation of Liberty authorisations through Section 21A Mental Capacity Act 2005 applications, and explore alternative, less restrictive options that could better meet your family member's wishes and needs.

When you're concerned about capacity assessments or best interest decisions

We consider the evidence and assessments for compliance with the law, and instruct independent experts, where necessary, to provide fresh capacity assessments, as well as challenge inappropriate best interest decisions.

When your family member wants to participate in life in the community

We will explore the activities that matter to your loved one, and work to ensure their care plan supports a fulfilling life for them.

When there are disputes about living arrangements

We will request that alternative placement options are considered, and work with families and professionals to explore living arrangements that could better respect your loved one's preferences while meeting their care needs.

When you need formal decision-making authority

We guide you through Lasting Power of Attorney and Deputyship applications, helping you understand the legal processes involved in obtaining formal authority to make decisions about your family member's affairs.

“YOU SHALL ALWAYS BE OUR REAL LIFE SUPERHEROES”

“Please never underestimate the importance and impact of your work and the benefits it makes on those you help. To us as a family you shall always be our real life superheroes and your work will never be forgotten.

- Client’s granddaughter

“Thank you so much for all your help. Both [P] and I are really grateful for everything you have done for [P]. You have made a huge difference in his life and I am sure he will remember this for the rest of his life.”

- Care home manager

“Your support has been invaluable, and knowing that you appreciated my concerns regarding my sister, and always replied to me by return, has been of enormous benefit.”

- Client’s brother

“It has been a pleasure working with you. Your dedication in regard to [P] cannot be faulted.”

- Relevant Person’s Representative

“I have been asked by my mum to send you and your wonderful team all our deepest love and thanks for everything you have achieved and supported both my grandfather and us with.”

- Client’s granddaughter

“Thanks to Danielle’s dedication and the firm’s persistence, we have seen meaningful progress and outcomes that we feel are genuinely the best for my Nan’s well-being. She has gone above and beyond, not only as a solicitor but as a human being, and for that, my family and I will always be thankful.”

- Client’s grandson

Meet our Court of Protection specialists

Our team has extensive experience with complex and contested Court of Protection matters, including urgent welfare cases and DoLS challenges. We have three Accredited Legal Representatives who can streamline proceedings by acting as both litigation friend and solicitor.

Danielle Mendoza
Danielle Mendoza

Solicitor | Head of court of Protection Department

Janet Paine
Janet Paine

Consultant Solicitor | Court of Protection | Accredited Legal Representative Mental Capacity Welfare Accreditation Scheme 

Jeanette Carle
Jeanette Carle

Senior Solicitor | Court of Protection | Accredited Legal Representative Mental Capacity Welfare Accreditation Scheme

Laila Rahman
Laila Rahman

SOLICITOR | COURT OF PROTECTION DEPARTMENT

LOUISE ANKARCRONA
LOUISE ANKARCRONA

SOLICITOR | COURT OF PROTECTION DEPARTMENT

TINA NASEEM
TINA NASEEM

Solicitor | Court of Protection Department

Amy Amero
Amy Amero

Solicitor | Court of Protection Department

SAHR ADIB
SAHR ADIB

Solicitor | Court of Protection Department

CAMILLA CUNNINGHAM
CAMILLA CUNNINGHAM

TRAINEE SOLICITOR | COURT OF PROTECTION DEPARTMENT 

MURRON TIMPERLEY
MURRON TIMPERLEY

TRAINEE SOLICITOR | COURT OF PROTECTION DEPARTMENT

Shelby Shaw
Shelby Shaw

Apprentice Solicitor | Court of Protection Department

Frequently asked questions

When do I need to apply to the Court of Protection?

You may need the Court of Protection when your loved one has been assessed as lacking mental capacity and there are disagreements about their care, living arrangements or safety. This includes situations involving deprivation of liberty, objections to care home placements or disputes about what is in their best interests.

What is a Section 21A challenge and when is it used?

A Section 21A challenge is used to dispute a Deprivation of Liberty authorisation when someone is objecting to their placement or care arrangements. It allows the Court to review whether the deprivation of liberty is lawful and whether a less restrictive option is available.

What does a Litigation Friend do in Court of Protection cases?

A litigation friend makes decisions about the case on behalf of a person who lacks capacity to conduct proceedings. This can be a family member, the Official Solicitor, an Accredited Legal Representative or an advocate. Their role is to ensure the person’s wishes, feelings and best interests are properly represented.

Can you help if I disagree with a capacity assessment?

Yes. We regularly review capacity assessments to ensure they comply with the Mental Capacity Act. Where appropriate, we instruct independent experts to carry out a fresh assessment so the Court has accurate evidence when making decisions.

Is legal aid available for Court of Protection cases?

If your loved one is deprived of their liberty and objecting to their placement, they are entitled to non-means tested legal aid. In other cases, legal aid may be means-tested. We will assess eligibility and explain any contributions before the case begins.

Can you challenge a best interests decision?

Yes. We help families challenge best interests decisions that do not properly reflect the person’s wishes, feelings, relationships or long-term wellbeing. We work with professionals and the Court to explore alternative care plans and less restrictive options.

How do you involve families and advocates in the process?

We work collaboratively with families, RPRs, RPPRs, advocates and care professionals. We provide regular updates, invite advocates to meetings, and ensure everyone understands the decisions being made, why they are being made, and how the person’s voice is being heard throughout the case.

News from our Court of Protection team

Read about recent legal developments in human rights and mental capacity law and how our cases are making a difference for families like yours.

Read our latest news