It may be that you are facing an allegation that you are in contempt of the Court of Protection and you need advice. The Switalskis Court of Protection team can advise you on what to do if you are accused of contempt in the Court of Protection.

You will be entitled to legal aid and will not have to pay for that advice or representation before the court. Switalskis Court of Protection team are particularly well placed to advise and represent anyone found in contempt of the Court of Protection because we have the necessary (Criminal ) legal aid contract to apply for a Representation Order for you and have the necessary expertise in cases before the Court of Protection.

We have been instructed in numerous cases like this in the Court of Protection recently and can advise and represent you on an informed basis. A recent such case of contempt has recently been reported, Derbyshire County Council v Grundy [2025] EWCOP 1 (T1) .

It is critically important that you seek advice as soon as possible if you are facing a contempt allegation. The court has powers to:

• fine you
• remove your assets
• send you to prison

Sadly, the court often concludes it has no alternative but to use these powers, and in some cases people are sentenced to periods of immediate imprisonment. If you seek early, expert advice, it may be that the court will not use these powers.

What are contempt proceedings?

The rule of law in this country is a critically important part of our history and democracy. Without it, law and order would break down. Court orders must be followed for the rule of law to be respected. If they are not, the court has the power to hold the person accused of breaching an order in contempt. If the court finds said person in contempt, it can fine you, remove your assets of send you to prison.

Examples in the Court of Protection

Court of Protection proceedings concern individuals deemed to lack the capacity to make certain decisions for themselves, such as to make decisions concerning their residence and care. Such an individual in those proceedings is referred to as P.

Contempt in the Court of Protection occurs when someone breaches a court order, sometimes these orders are referred to as 'injunctions'. Examples of contempt could include ignoring an injunction that prohibits you from visiting P’s residence, interfering with their care, or contacting professionals involved in P’s care.

If you ignore an injunction, then you may face an allegation that you have been in contempt of the Court of Protection. If you are in contempt, the court will sentence you as referred to above.

If you’re facing a contempt allegation in the Court of Protection, it’s crucial to seek expert legal advice as soon as possible. Early intervention can help prevent serious consequences such as fines or imprisonment. Our experienced team can guide you through the process and ensure your rights are protected. Contact us today on 0800 138 0458 or using the form below to discuss your case and explore your options for legal aid and representation.