Safeguarding and Empowering Protected Parties in 2023
17 
July 
2019

12pm - 1pm

Subject

Andrew Tucker

Group Chief Executive & Partner

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Safeguarding and Empowering Protected Parties in 2023

Court of Protection National Conference


Thursday 29 June 2023

09:30 am to 4:15 pm

IET Birmingham: Austin Court

80 Cambridge Street

Birmingham

B1 2NP

Slides & Factsheets

Please click here to view a copy of the slides.


Please use the below links to access our digital factsheets;

 

•  COP Brochure - Supporting You Through Court of Protection SQ

 

•  The Mental Capacity Act Factsheet

 

•  The Court of Protection Factsheet

 

•  NHS and Social Care Complaints

 

•  Complaints to Local Authorities on Behalf of Your Child

 

•  Annual Reviews and Re-assessments

 

•  Education Health and Care Plan


Agenda

09:30am

Arrival

Registration, welcome drinks and networking opportunity

10:00am

Welcome and Introduction 

Yogi Amin, National Head of the Public Law & Human Rights, Irwin Mitchell 

10:15am

Deputies and the balance between autonomy and protection

David Rees KC, Barrister, 5 Stone Buildings

11:15am

The Official Solicitor – The Last Resort

Janet Ilett, Senior Lawyer and Deputy Official Solicitor

12pm

Intimate relations and the CoP – assessing the implications for care professionals of the

judgment in Secretary of State for Justice v A Local Authority & Ors [2021] 

Mathieu Culverhouse, Partner and Saoirse de Bont, Senior Associate Solicitor, Irwin Mitchell

12:40pm

Q&A session

1:00pm

Lunch Break

Lunch and networking opportunity

1:45pm

Welcome Back

Lucy Nicol, National Head of Court of Protection, Irwin Mitchell 

1:50pm

'Saving P from themselves?' A tale from the Court of Protection by HHJ Jim Tindal

HHJ Jim Tindal, Specialist Civil Circuit Judge, Birmingham CJC

2:30pm

Safeguarding Protected Parties from financial and relationship abuse

Parishil Patel KC, Barrister, 39 Essex Chambers

3:15pm

The interface between the Mental Capacity Act and the Mental Health Act: a clinical and

instructed expert perspective

Dr Chris Ince, Consultant Psychiatrist, Northumberland, Tyne & Wear NHS Mental Health Trust

4:00pm

Q&A session

4:10pm

Closing

Yogi Amin, National Head of the Public Law & Human Rights, Irwin Mitchell  

4:15pm

Departure

Speakers

Meet our key experts.

David Rees KC

Barrister, 5 Stone Buildings


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Janet Ilett

Senior Lawyer and Deputy Official Solicitor

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HHJ Jim Tindal

Specialist Civil Circuit Judge, Birmingham CJC

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Parishil Patel KC

Barrister, 39 Essex Chambers



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Dr Christopher Ince

Consultant Psychiatrist, 

Northumberland, Tyne & Wear NHS Mental Health Trust

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Yogi Amin

Partner, Irwin Mitchell



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Mathieu Culverhouse

Partner, Irwin Mitchell

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Lucy Nicol

Partner, Irwin Mitchell

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Saoirse de Bont

Senior Associate Solicitor, Irwin Mitchell

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Venue

map-1678172273.960x210.png

IET Birmingham:

Austin Court

80 Cambridge Street

Birmingham

B1 2NP

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David Rees KC

Barrister, 5 Stone Buildings

David was appointed Queen’s Counsel in February 2017. He is recognised as a leading practitioner in Court of Protection work. His practice has developed from a traditional Chancery background, and in addition to his Court of Protection expertise David specialises in the following areas; trusts, wills and probate, family provision, proprietary estoppel, administration of estates, setting aside transactions for example by reason of mental incapacity and undue influence and related professional negligence.


David has a particular interest in issues surrounding elderly clients and incapacity. In Court of Protection cases he is regularly instructed by leading firms of private client solicitors and the Official Solicitor. His practice extends to both property and affairs and welfare cases and he has been instructed in many of the leading cases exploring the international and cross-border elements of the Court of Protection’s jurisdiction. David is the Chair of the Court of Protection Bar Association. He is also a member of the Court of Protection Rules Committee and a Ministry of Justice Working Group currently reviewing the Mental Capacity Act 2005 Code of Practice.


He is the General Editor of Heywood & Massey: Court of Protection Practice.


David’s practice also encompasses all aspects of wills, estates and trusts. On the contentious side he is experienced in contentious probate claims, applications for financial provision, applications under the Variation of Trusts Act 1958 and proprietary estoppel and undue influence claims. David regularly appears before High Court judges of both the Chancery and Family Divisions and has argued cases before the Court of Appeal. He has recently appeared as leading counsel in an Inheritance Tax appeal to the Supreme Court. His non-contentious practice includes the provision of advice of capital taxation and the drafting of settlements and their ancillary documents.


David was appointed as a Recorder in 2012.  He was appointed as a Deputy High Court Judge in 2018 and sits in both the Chancery and Family Divisions.

Parishil Patel KC

Barrister, 39 Essex Chambers

Parishil Patel has a wide ranging public law practice which encompasses health, community care, local government (including regulation, audit and standards), telecommunications, data protection and confidentiality, prisons, immigration, public international law, incapacity and best interests.


He has extensive experience of advising and acting for and against public bodies in judicial review claims (in the High Court), including claims brought challenging local and central government policy and involving statutory construction and in proceedings in various Tribunals. He also has extensive experience of arguing ECHR issues in domestic courts and advising on human rights in the policy context.


Over the last 8 years, Parishil has been regularly advising and acting in claims arising from the award of public and utilities contracts.


He also has a broad regulatory and disciplinary law practice acting for and against, amongst others, the SRA, GDC and NHS England.


Parishil is a CEDR accredited mediator.


Parishil is recommended by Chambers & Partners and The Legal 500 for Administrative & Public Law and also by Chambers & Partners for Court of Protection.

Dr Christopher Ince

Consultant Psychiatrist, 

Northumberland, Tyne & Wear NHS Mental Health Trust

I currently work as a Consultant Psychiatrist within the Specialist In-Patient Autism Services based at Northgate Hospital. I am the Associate Medical Director (Inpatient – North) and have oversight for the inpatient services at St George’s Park, Morpeth.


I have a CCT in the Psychiatry of Learning Disabilities and I have long-standing experience in working with offenders, both with and without a learning disability, in both a community and secure in-patient setting, throughout the North East of England.


I am a Core and Higher Trainer on the Northern Deanery Rotational Training Scheme and am also the Training Programme Director – Core (North).


I hold a post with the Care Quality Commission as a Specialist Advisor in Mental Health.

Yogi Amin

Partner, Irwin Mitchell

I am a solicitor, Partner and the National Head of the Public Law & Human Rights department.

 

I have a specialist practice in medical ethics and I regularly represent parties in the Court of Protection/High Court. I’m regularly appointed by the court as an Accredited Legal Representative for persons whose welfare or deprivation of liberty arrangements are being reviewed by the court.

 

 Other areas I specialise in include:

 

• Civil liberties and judicial review
• Equality duties and human rights law
• Access to NHS healthcare and medicines
• Access to social care
• Challenges to unlawful police action
• State investigations and inquiries, including coronial inquests
• Education law
• Mental Capacity and best interests disputes/safeguarding vulnerable adults
• Court of Protection disputes
• Commercial judicial review and procurement disputes


In my legal career I have worked on a significant number of cases, including cases in the appeal courts and Supreme Court, that have improved the lives of individuals and changed policy and practice. I have regularly lectured in my fields of expertise. Access to medical treatment and other clinical disputes often raise legal arguments relating to ‘dignity’, the ‘right to life’ or the ‘right to healthcare’. These are emotive subjects and disputes that I am interested in helping achieve a positive outcome.

 

In 2008, I won Social Welfare Lawyer of the Year at the Legal Aid Lawyers Awards. I have a strong sense of social responsibility and have undertaken roles acting as a school governor for 6 years, chair of governors for 4 years, trustee and board member of the Independent Living Fund (DWP Sponsored) for 7 years and am currently a trustee and board member of the Royal Mencap Society and Mencap Trust Company. In these roles I have worked at board level with senior management and on committees to improve organisations and manage change. 

 

I also regularly advise on school disputes and governance in education.

Saoirse de Bont

Senior Associate Solicitor, Irwin Mitchell

I joined Irwin Mitchell in 2014, as a trainee solicitor. In 2016 I qualified as a solicitor in the Public Law & Human Rights team, specialising in Court of Protection, civil liberties, and community care cases.

 

I act on behalf of vulnerable adults and their families in Court of Protection matters, particularly in relation to disputes regarding capacity and best interests. Typically, I represent clients in:


• s21A deprivation of liberty challenges
• Best interests health and welfare applications dealing with disputes about residence, care, and contact
• Medical treatment disputes.

 

I regularly help people challenge decisions made by public bodies, including local authorities and the NHS. This includes challenging cuts to NHS services and the closure of local government services, and working with people who have received unlawful care assessments or inappropriate care packages.

 

I have also helped refugees with social care needs to access suitable accommodation and have experience representing family members at inquests into the death of a loved one.

Lucy Nicol

Partner, Irwin Mitchell

I am a Partner in the Court of Protection team and the Regional Managing Partner for Newcastle. I'm appointed by the Court of Protection to act as a professional deputy for clients who have lost capacity to manage their financial affairs.


The majority of my work involves acting as professional deputy for clients who have received multi-million-pound damages awards, either as a result of medical negligence or a serious injury. I work closely with both our Personal Injury and Medical Negligence teams managing interim payments until claims are settled. 


After the settlement my role is to help clients invest their compensation in the best way, buy a property suitable to their needs, and put in place commercial care packages, as well as other financial matters. I am an expert in mental capacity and often assist Lay deputy’s with applications to Court and Statutory Wills. 


I provide ligation support in the form of expert evidence, acting for both claimant and defendants.

Janet Ilett

Deputy Official Solicitor

Janet is a qualified solicitor and worked in private practice before joining the Official Solicitor’s Office in the early 1990’s.


She has been the senior lawyer in both Court of Protection teams, firstly, in Property & Affairs and then in Healthcare & Welfare. She has been Deputy Official Solicitor since 2012.

HHJ Jim Tindal

Specialist Civil Circuit Judge, Birmingham CJC

HHJ Jim Tindal is a Specialist Civil Circuit Judge and also sits in the Court of Protection in Birmingham. He was previously Designated Civil Judge in Worcester from 2020-2022 and has been a Circuit Judge since 2016.


Prior to that, he was a barrister at St Philips Chambers in Birmingham.

Mathieu Culverhouse

Partner

I specialise in patient rights, community care and mental capacity law. I act for clients who have ongoing difficulties with Social Services, the NHS and other public bodies. I have brought judicial review cases on behalf of children and adults seeking appropriate care from their local Social Services and NHS.


I also act for the Official Solicitor and for the families of vulnerable adults in cases in the Court of Protection relating to their mental capacity, health and welfare.

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