COURT OF PROTECTION
s21A Court Applications
Fernanda Stefani Araujo, Accredited Legal Representative by the Law Society in Mental Capacity heads the department with a wealth of experience being instructed by the Official Solicitor, family members and RPPRs on a regular basis.
Section 21A MCA 2005 proceedings should be brought where there is a standard authorisation under the Deprivation of Liberty Safeguards (DOLS) in place and the person concerned (P) objects to it or expresses objections to their placement.
We have acted for P in many cases and achieved successful outcomes such as:
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P being moved to a more culturally appropriate placement
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P's placement being made less restrictive
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P being discharged to supported accommodation
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P's deprivation of liberty being rescinded and returning home with a package of care
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Trials home for P with 24 hour care packages or a robust package of care in place
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P being found to have capacity to make decisions where to live and what care to receive and being discharged
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P's quality of life being improved
The first point to consider is whether P has capacity to make the decision.
You can read more here regarding whether P has capacity to make decisions as to their care or residence.
Contact us today at hello@stefanisolicitors.com
s16 MCA 2005 Applicantions
Section 16 MCA 2005 gives the Court power to make decisions (i.e. an order) on behalf of a person who lacks capacity (‘P’) in respect of their personal welfare or property and affairs.
We represent family members of P and P in their proceedings to challenge medical treatment decisions, contact decisions and other decisions concerning P's care and life.
We also represent clients in cases concerning the withdrawal and withholding of treatment for those that lack capacity.
Meet The Team
Fernanda Stefani Araujo
Fernanda is an experienced Accredited Legal Representative and Court of Protection Solicitor. She is regularly instructed by the Official Solicitor. She is also regularly appointed by the court as ALR to represent clients in their s21A MCA 2005 challenges. Fernanda works to achieve the best possible outcome for her clients and advocates for their human rights and civil liberties.
Qualifications:
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Solicitor with Higher Rights of Audience (Civil)
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Over 9 years experience in litigation
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Accredited Legal Representative by the Law Society
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Mental Health Accredited by the Law Society
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Solicitor (Ireland)
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Avvocato Stabilito (Italy)
Memberships:
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Law Society
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Mental Health Lawyers Association
Languages:
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English
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Portuguese (fluent)
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Italian (fluent)
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Spanish (intermediate)
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French (intermediate)
Shefik Osman
Shefik is an experienced Consultant Solicitor in Mental Health and Mental Capacity. He regularly represents clients detained in civil and forensic sections of the Mental Health Act 1983. He is a Committee Member of the Mental Health Lawyers Association.
Qualifications:
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Solicitor
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Mental Health Accredited by the Law Society
Memberships:
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Law Society
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Mental Health Lawyers Association
Languages:
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English