All things Court of Protection for social care providers

A recording of the webinar can reviewed below, and a copy of the slides can be found HERE.

Care England was pleased to host a timely and highly practical webinar on All Things Court of Protection for Social Care Providers, led by Hempsons health and social care law specialist Helen Claridge. The session was designed for providers who wanted to strengthen their legal confidence in an increasingly complex and high-risk landscape.

The Court of Protection is no longer a niche issue. Providers are now routinely drawn into cases involving disputes about capacity, best interests, serious safeguarding concerns, family challenge, and restrictions on liberty. At the same time, the DoLS system remains under severe pressure nationally, with significant backlogs, inconsistent local authority practice, and ongoing uncertainty about what “lawful deprivation of liberty” looks like in practice. Many providers are operating in a grey area without realising it – creating potential exposure for organisations and individuals alike.

During the webinar, we:

• Clarified when and why providers become involved in Court of Protection proceedings
• Explored the real-world risks of getting it wrong – including regulatory, legal and reputational consequences
• Provided an update on DoLS pressures, evolving case law, and what may be coming next
• Shared practical guidance and top tips to help managers and clinicians navigate complex situations with greater confidence

Designed for care home managers, senior leaders and clinicians, the session went beyond theory. It helped providers understand where the legal landscape is shifting, what good practice looks like, and how to protect both the people they support and their organisation.

As part of the webinar, we were pleased to share a resource from Hempsons’ Did you know series, which provides helpful background information on the Court of Protection.

Please note that this guidance is intended for a wide range of providers who may have contact with the Court of Protection. As such, not all of the articles will be directly relevant to social care providers, but they offer useful general context to support understanding.

Did you know: All about the Court of Protection

Should you wish to discuss any of the points raised or have further questions, please contact:

Helen Claridge – Partner, Hempsons: h.claridge@hempsons.co.uk