Court of Protection Welfare Powers

Mental Capacity Act 2005, s.16

Warrant: No
Force: No
Notice: No

The Court of Protection may make orders and give directions relating to the personal welfare of a person who lacks capacity, which may include the power to decide where the person should live and what care they should receive. Where such an order has been made, a constable or authorised person may enter premises to give effect to the order, including removing the person to a place of safety or a care setting specified by the court.

Conditions

A Court of Protection order must be in force relating to the welfare of the person
The person must lack capacity within the meaning of the Mental Capacity Act 2005
Entry must be for the purpose of giving effect to the court order

Limitations

The power arises from the court order: there is no freestanding police power under the MCA
The decision must be in the best interests of the person lacking capacity
A deprivation of liberty safeguards (DoLS) authorisation may be required if the person is to be confined

Last updated 24 September 2026