Emma Sutton

Call 2006


Emma is repeatedly instructed to represent English and Welsh Local Authorities, the Official Solicitor, the Public Guardian, Deputies/ Attorneys, CCG’s and Trusts (in England) and LHB’s (in Wales), family members and IMCA’s and RPR’s in applications in the Court of Protection. Emma also advises the Welsh Government where the capacity of children and young persons is in issue within the education system; including where a parent is Deputy or Attorney under an LPA.


‘She’s very dedicated, so she knows the papers inside out.’

Chambers & Partners

Fluctuating capacity and how to address future uncertainties of care planning in a section 21A appeal

Click here to read Emma’s article.


Emma’s Court of Protection practice is complemented by her public law practice in the fields of healthcare, mental health, education and community care.

Her experience includes disputes over capacity (including fluctuating capacity), health and welfare applications involving decisions about residence, care/ treatment, contact, sexual relations, contraception and serious medical treatment; including treatment for anorexia nervosa and breast cancer.

Emma is also regularly instructed in property and affairs disputes which include retrospective capacity issues, statutory wills, authority for ‘gifting’, and the appointment and removal of Deputies and Attorneys which include multi million pound estates. Many of Emma’s cases involve fact finding hearings where voluminous and complex accounting information requires consideration by the court.

Emma also advises in civil claims where there are issues regarding the capacity of a person to engage in contractual relationships (primarily regarding disposition of property).

Emma is highly experienced in applications involving deprivations of liberty (including advising and obtaining damages and/or other relief for breach of Article 5, 8 and 6 ECHR) and is regularly instructed on a consortium basis by collective Local Authorities regarding how lawful authorisation should be sought for children and adults. This includes applications under the inherent jurisdiction of the High Court where appropriate.

In addition to regularly lecturing on this topic to supervisory bodies and managing authorities, Emma also provides training for BIA’s, social workers, psychiatrists, psychologists, occupational therapists and general practitioners.



Birmingham Women’s and Children’s NHS Foundation Trust v Miss S and Mr H (Re Child A) [2018], Hayden J
Instructed by the Trust in an application under the inherent jurisdiction of the High Court and for a Specific Issue Order under section 8 Children Act 1989 for treatment limiting orders in respect of Child A. Orders made that ventilator support and/or CANH be withdrawn and for care palliative care only to be provided (Judgment awaited).

SS (by her litigation friend, JC) v NHS Leeds CCG and A Care Home [2018], Newton J 
Instructed by the CCG in an application relating to serious medical treatment in the form of the withdrawal of clinically assisted nutrition and hydration. Cultural and religious issues and the consultation process with family members out of the jurisdiction and the repatriation of a body required consideration in addition to complex medical issues (Judgment awaited).

Leeds Teaching Hospital NHS Trust v IS and SH & YH (A child acting by his Children’s Guardian), Russell J 
Instructed by the Trust in an application regarding baby YH under the inherent jurisdiction of the High Court for orders that it was lawful and in YHs’ best interests not to be intubated, mechanically ventilated, treated with any form of resuscitation and to receive palliative care only. Sophia Roper represented the Trust at the final hearing (Judgment awaited).

Imperial College Health NHS Trust and West London Mental Health Trust v CW (by her litigation friend, the Official Solicitor) [2018] Parker J
Instructed by the Official Solicitor on behalf of CW in an application relating to serious medical treatment in the form of  obstetric care (Caesarean section)  (Judgment awaited)

The Public Guardian v SM & RM [2018] (ongoing) 
Insert  Instructed by the Public Guardian in an application for the court to determine whether P is habitually resident in England and Wales, and if not, whether powers under two LPAs have come to an end and whether the court should exercise its functions in relation to P’s property in England and Wales under schedule 3 of the MCA 2005. The case has involved complex disclosure issues and discussions with the Government of Gibraltar.

LM v JDE (by his litigation friend, the Official Solicitor) [2018], Francis J 
Instructed by the Official Solicitor on behalf of JDE for the case management of an application brought by a P & A deputy for declarations as to whether JDE had, or lacked the capacity to make the decision to marry, make a Will and enter into an ante-nuptial agreement.

The Public Guardian v Stalter [2018], Williams J
Instructed by the Public Guardian in an application for an order for the committal of the respondent to prison for contempt of court due to breaches of a transparency order by disclosing confidential information about ‘P’ arising from an earlier application made pursuant to s.22(4)(b) of the MCA 2005. (Judgment awaited)