On Wednesday 21st October 2026, our Court of Protection team hosted the annual Mental Capacity Act Conference. At the event, Christine Hutchinson discussed her experiences acting as a professional personal welfare deputy from a learning disability nurse’s perspective. Christine spoke about her role in the published case of AB v CD & Anor [2024] EWCOP 32 involving a 27-year-old man who had a learning disability, and visual and hearing impairments.

A professional is often appointed as personal welfare deputy when a person lacks capacity to make specific decisions for themselves, but the court recognises that there are differing views between the public body and family members as to what is in their best interests. A professional’s involvement may be useful when the court process has become counterproductive and lengthy, as it is generally disproportionate to have a court make every decision for a person. A deputy will not be appointed to make decisions about every issue, so it is important that they check what they have the authority to be involved in.

Christine spoke of how few professional deputies there are in respect of health and welfare (especially from a health and social care background such as herself) but noted the following benefits:

• A professional deputy will attempt to give the person involved a level of independence.
• Often professional deputies are experienced as a result of their previous roles (e.g. as a best interests assessor or an expert witness).
• They will have knowledge of the statutory systems and the Mental Capacity Act.
• Their experience allows them to use their own tried and tested approaches and interventions.
• A professional often has the skills to check and challenge concerns raised, and will consider whether issues need to be escalated or if further decisions need to be made.
• They rely entirely on their own professional standing so can be responsible, flexible and creative in their approaches.

A legal professional who is acting as a professional deputy might approach a case differently to how people with experience in health and social care would, but it is important that any deputy focuses on the individual’s needs. Christine noted the benefit of finding out information about the person before being appointed from those involved in their case such as family members, care staff and social workers. She also highlighted the importance of ensuring that a deputy protects the person involved and their interests without disempowering them or their family.

A professional personal welfare deputy is funded with public funds so they are required to consider their duty and if any expenditure is necessary and proportionate. Christine notes that her role does not involve replacing the function of public bodies.

A professional deputyship can be varied, transferred or terminated with an application to the court. Christine highlighted that her role is often centred around repairing the system and attempting to encourage the public body and family members to work collaboratively.

Christine also discussed the difficulties facing professional personal welfare deputies. She noted that they can often be subject to verbal abuse and intimidation as well as unfounded formal complaints. She highlighted the importance of a deputy having the maturity and experience to deal with these issues, and being clear about their terms of business and indemnity. Christine said that she chose this role as she cares about vulnerable people and has the skills to assist them. She also said that she enjoys facing a challenge, and feels passionate and driven in her role.

Christine discussed how most of the literature and guidance out there is limited in its assistance to professional personal welfare deputies. She says that she has had to create her own informal peer network to discuss her role as a professional deputy, and at times she has had to obtain legal advice.

Christine’s talk was centred around calling out for greater evidence and guidance to support professional personal welfare deputies in their roles.

Christine Hutchinson discussed her experiences acting as a professional personal welfare deputy from a learning disability nurse’s perspective. She discussed the circumstances when a professional will be appointed, the benefits of having a professional deputy, and their role and priorities. The key takeaway from the talk was the difficulties that come with being a deputy and she called out for more evidence and guidance to support professional personal welfare deputies in their roles.