Court of Protection - 2026 Virtual Conference

Introduction

The 2026 Conference offers a clear, practice focused look at the issues currently shaping health and welfare decision making under the Mental Capacity Act. With sessions examining serious medical treatment, capacity and best interests principles, deprivation of liberty, contempt procedures and recent developments in welfare cases, the programme is designed to support practitioners navigating complex and sensitive matters in this jurisdiction.

Chaired by Mike O’Brien of No5 Chambers, the event brings together specialist insight and practical guidance for those working across health, social care and legal practice.

Conference Agenda

This live and interactive 4-hour conference will cover the following:

10:30am-11:30am: Serious Medical Cases in the Court of Protection

Mike O’Brien, Barrister, No5 Chambers

Practitioners are increasingly instructed in serious medical cases involving adults who may lack capacity, including cases concerning invasive medical treatment, withdrawal or withholding of treatment, and end-of-life decision-making for patients in a prolonged disorder of consciousness.

• Advance Decisions to Refuse Treatment
• Prolonged Disorders of Consciousness (PDOC)
• Serious Medical Treatment and best-interests decision-making
• End-of-Life Decision-Making and the role of P’s wishes, feelings, beliefs, and values
• Recent Case Law

These cases raise complex legal, procedural, and ethical issues. This session will provide an overview of the legal framework, procedural requirements, and recent case law governing serious medical cases.

Morning Break

11:40am-12:40pm: Mental Capacity Act - Case Law & Law Reform Update

Tim Spencer-Lane

The session will look at recent case law and law reform developments concerning the Mental Capacity Act. This will include any developments on the Mental Capacity Act Code of Practice and the Deprivation of Liberty Safeguards.

Areas covered may include:

• Relevant case law on assessing capacity and making best-interests decisions
• What the Court of Protection has said about medical treatment and care and support decisions
• What the courts have said about the meaning of deprivation of liberty

Break for lunch

1:40pm-2:40pm: Contempt Cases in the Court of Protection

Mike O’Brien, Barrister, No5 Chambers

Breaches of Court of Protection orders are not uncommon. Serious breach can be treated as a Contempt of Court and result in imprisonment. The Court of Protection (Amendment) Rules 2025 change contempt of court procedures, amending the 2017 rules and comes into force on 1 October.

This session will provide an overview dealing with when contempt procedures can be used in often sensitive Court of Protection cases, the contempt procedures and the changes being introduced.

Afternoon break

2:55pm-3:55pm: A 2025 Health & Welfare Court of Protection Update

Katie Gollop KC, Serjeants’ Inn

This session provides a focused review of the most significant health and welfare developments in the Court of Protection during 2025. It will highlight key medical treatment and welfare cases from the past year and examine the current position on Transparency Orders, offering practical insights into how these developments are shaping practice.

Learning outcomes:

• Familiarity with key 2025 medical treatment and welfare cases
• Where we are with Transparency Orders

Recording of live sessions: Soon after the Learn Live session has taken place you will be able to go back and access the recording - should you wish to revisit the material discussed.