Court of Protection
“Frances works hard and is always on top of her papers. Not only does she think quickly while on her feet but she has a good court room manner.”
Lisa O’Dwyer, Director Medico-Legal Services at AvMA
Frances co-authored chapter six: Procedure – Going to Court in the fourth edition of the book Medical Treatment: Decisions and the Law
experience & expertise
Frances’ background in clinical negligence and police law means she is equipped to respond to overlapping issues. In her inquest practice, Frances frequently engages with the Mental Capacity Act 2005 and the Mental Health Act 1983 (‘MHA). For instance, she represented a care home, whose resident died of infected leg ulcers, due to self-neglect. Issues for the coroner included whether the Court of Protection could have been applied to, to treat the resident in his best interests and the timescale of the same. Another example, this time acting for a police force, is in considering whether officers ought to have detained the deceased pursuant to section 136 MHA (removal of a mentally disordered person) – the power was not available as the deceased was at home, at the material time. A third example is an inquest for the parents of a vulnerable young man – Frances’ submissions that he ought to have been detained in hospital were accepted by the coroner. Click here for news coverage.
Frances advises on matters related to the Court of Protection in her clinical negligence practice also. A recent example relates to a claim against a mental health trust for their failure to support a claimant with suicidal ideation. In advising on limitation, Frances considered whether the claimant had gained capacity and, if so, when. Additionally, an understanding of the Court of Protection jurisdiction is crucial in considering quantum (including deputyship costs).
pro bono
- Court of Appeal Pro Bono Scheme participant
awards
- Sir Walter Wigglesworth Scholar, Lincoln’s Inn Pupillage Scholarship
- College of Law Negotiation Competition Prize
- College of Law Civil Procedure Prize
qualifications
- LLB (Hons) – University of Durham, (2006)
- BVC – College of Law, London (2008)
publications
Frances co-authored chapter six: Going to Court in the fourth edition of the book Medical Treatment: Decisions and the Law, edited by Christopher Johnston KC and Sophia Roper KC and written by 27 members of Serjeants’ Inn.