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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:

  • P being moved to a more culturally appropriate placement

  • P's placement being made less restrictive

  • P being discharged to supported accommodation 

  • P's deprivation of liberty being rescinded and returning home with a package of care

  • Trials home for P with 24 hour care packages or a robust package of care in place

  • P being found to have capacity to make decisions where to live and what care to receive and being discharged

  • P's quality of life being improved

Gardening Together
Doctor's visit in the hospital room

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.

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