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Court of Protection: Recent Developments in Health and Welfare

Tuesday 29 June 2021

This webinar is brought to you by the Garden Court Chambers Court of Protection Team.

Date: Tuesday 29 June 2021
Time: 5pm-6.30pm
Venue: Online  
Cost: Free
Areas of Law: Court of Protection

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This webinar will discuss the last 12 months' developments in law and practice in health and welfare in the Court of Protection, aimed at busy practitioners in the field, covering case-law and other developments in the law on capacity, best interests, deprivation of liberty and the inherent jurisdiction for vulnerable adults. District Judge John Beckley, will also be joining us to share some of his perspectives on recent developments in law and practice.
 

Recording


 

Speakers

Amanda Weston QC, Garden Court Chambers (Chair)
Amanda is a leading silk in many areas including Court of Protection, public law, civil liberties and immigration. She co-authors Judicial Review: A Practical Guide (Lexis Nexis) and is a member of the ‘A’ Panel of preferred Counsel who act for the Equality & Human Rights Commission. 

Amanda regularly appears in the Court of Protection or the inherent jurisdiction of the High Court, particularly in the context of deprivation of liberty of vulnerable adults and capacity to refuse medical treatment. She has a particular interest in cases concerning care of elders wishing to remain at home, safeguarding policy and the rights of those with learning disabilities to lead independent lives. She also acts in community care judicial review matters (including securing appropriate s 117 aftercare in detained mental Health Act cases) and human rights and Equality Act claims. She represented Mark Neary in his successful application for the return of his son, Steven, home. Mark wrote about this extraordinary case in his book Get Steven Home, available on Amazon. Amanda uses her expertise in mental capacity law and safeguarding practice to inform her approach to representation of vulnerable adults and their litigation friends. 

Bethan Harris, Garden Court Chambers
Bethan Harris is an experienced practitioner specialising in housing law, community care law and Court of Protection. She brings her wealth of expertise in all these areas to complex cases which often include consideration of public law principles, equality and discrimination and capacity issues.

Bethan appears frequently in the Court of Protection. Her work includes emergency applications, deprivation of liberty issues, local authority safeguarding duties, personal welfare applications, contested appointments of financial/health and welfare deputies, complex care packages. She covers some property and financial affairs matters. Bethan acts for litigation friends, local authorities and family members. She is a member of the Equality and Human Rights Commission's panel of counsel. Bethan currently writes regularly for the Garden Court Chambers Social Welfare Updates Blog.

Helen Curtis, Garden Court Chambers
Helen Curtis' legal practice concentrates on areas where the liberty of the subject is at stake, particularly in areas of mental health, prisoners and the Court of Protection. She appears before Tribunals, Parole Boards and courts through to the Court of Appeal and is also approved as a mediator on the Court of Protection Mediation Panel. 

Helen is instructed by: the Official Solicitor; Relevant Person's Representative (Paid); Litigation Friends from advocacy services; the local authority; or a family member, to represent a party in Court of Protection proceedings in matters of health and welfare or property and financial affairs. She appears in courts and tribunals where a person's mental health or lack of capacity is concerned. Her practice includes claims for unlawful detention, appeals and judicial review where appropriate. Helen currently writes regularly for the Garden Court Chambers Social Welfare Updates Blog on Court of Protection issues.

Ollie Persey, Garden Court Chambers
Ollie is a public law barrister. He joined Garden Court Chambers from Public Law Project, where he gained considerable experience of strategic litigation at all domestic levels including the Supreme Court.  He has particular expertise in judicial review claims raising discrimination, education, EU citizens’ rights and retained EU law issues.  

Ollie is developing a practice representing individuals with impaired mental capacity in the Court of Protection. He is currently instructed as junior counsel (led by Amanda Weston QC and Desmond Rutledge) in MOC v Secretary of State for Work and Pensions, a challenge to the ‘adult hospital’ rule for Disability Living Allowance as it applies to an adult with severe learning disabilities which has been granted permission to appeal to the Court of Appeal. He also represents Migrants Organise (led by Amanda Weston QC and Bijan Hoshi) in a systemic judicial review challenging the inadequacy of the mental capacity policy for the EU Settlement Scheme.

Outside of practice, Ollie is a volunteer litigation friend in the First-tier Tribunal (Immigration and Asylum Chamber) through Migrants Organise’s Migrant Mental Capacity Advocacy project. He is also a trustee of The Elfrida Society, a charity that provides holistic support to people with learning disabilities. Ollie also writes for the Garden Court Chambers Social Welfare Updates Blog.

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