Francesca P. Gardner


Court of Protection & Mental Health

Manchester

36 Young Street, Manchester, M3 3FT
DX: 718188 MCH 3
Direct Dial: 0161 832 9082

Leeds

5 Park Square, Leeds, LS1 2NE
DX: 713113 LEEDS PARK SQ
Direct Dial: 0113 242 1123

Birmingham

Embassy House, 60 Church Street,
Birmingham, B3 2DJ
DX: 13023 BIRMINGHAM
Direct Dial: 0121 200 3570

Clerked by:
Mark Ronson
Rory Davis


Court of Protection & Mental Health

Francesca practices in all areas of Court or Protection, including welfare disputes, serious medical treatment and property and affairs matters. Francesca receives regular instructions from public bodies (including local authorities, health trusts and CCGs), private individuals and the Official Solicitor.

Francesca was appointed as an Accredited Mental Health Tribunal Panel Member in 2013 and has experience in all Mental Health Act matters including complex restricted matters and those that inevitably overlap with the Mental Capacity Act 2005. Francesca has experience of representing the protected party before concurrent proceedings before the First- Tier Tribunal and the Court of Protection and Nearest Relative Displacement Proceedings.

Francesca has extensive experience in cases concerning the interface between the Mental Health Act and the Mental Capacity Act.

Significant Reported Cases

AG, Re [2016] EWCOP 37 (6 July 2016)

NCC v TP (Capacity of TP) [2016] EWCOP B3

NCC v TP [2016] EWCOP B4

NCC v TP (Best Interests) [2016] EWCOP 61

IH (Observance of Muslim Practice) [2017] EWCOP 9 (12 June 2017)


 

"She has a clear grasp of complicated issues and the ability to convey that to clients." "She is very clear, concise and she cuts through all the nonsense." 

Chambers UK

Profile

Specialising in: Court of Protection; Mental Health and Public Law. Francesca’s practice includes instructions in all areas within the Court of Protection including: Welfare disputes; Deprivation of Liberty cases; financial disputes and Judicial Review proceedings arising out of COP proceedings. Instructions regularly received from: the Official Solicitor; public authorities including health trusts and Clinical Commissioning Groups and family members.

Francesca's practice is unique, in that she has an established dual practice in both health and welfare (including medical treatment) and property and affairs work within the Court of Protection.

Francesca also has a keen interest and experience in international cases within the Court of Protection including cross border disputes.

Significant Cases

AG, Re [2016] EWCOP 37 (6 July 2016)

SAD & Anor v SED [2017] EWCOP 3

LCC v J K [2016] EWCOP 59

NCC v TP (Capacity of TP) [2016] EWCOP B3

NCC v TP [2016] EWCOP B4

NCC v TP (Best Interests) [2016] EWCOP 61

IH (Observance of Muslim Practice) [2017] EWCOP 9 (12 June 2017)

 

Year of Call: 2009

Areas of Expertise 
  • Court of Protection & Mental Health
  • Health and Social Care
  • Judicial Review
  • Inquests

Memberships

Member of Grays Inn 2009

Member of the North Eastern Circuit

Court of Protection Practitioner’s Association - Chair (Yorkshire & the Humber)

Training
  • Francesca provides regular training to: lawyers, medical and social care professionals and advocates. Recent training topics include:
  • Cross Border disputes and Ordinary Residence (particular focus on Scotland);
  • The Mental Health Act and the Mental Capacity Act, the interface;
  • Deprivation of liberty;
  • Children and deprivation of liberty; and
  • Acting for the older client; financial assessments and property and affairs.

 

Publications

1. ‘The Cold Front’- Private Client Advisor

2. ‘ Support Network: litigation friends- Private Client Advisor


Qualifications

Bar Vocational Course- BPP Law School- 2009

 

Recommendations

Francesca is ranked as 'up and coming' for Court of Protection Health and Welfare - All circuits

Chambers UK 2017
"She has a clear grasp of complicated issues and the ability to convey that to clients." "She is very clear, concise and she cuts through all the nonsense." 

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