36 Young Street, Manchester, M3 3FT
DX: 718188 MCH 3
Direct Dial: 0161 832 9082
5 Park Square, Leeds, LS1 2NE
DX: 713113 LEEDS PARK SQ
Direct Dial: 0113 242 1123
Embassy House, 60 Church Street,
Birmingham, B3 2DJ
DX: 13023 BIRMINGHAM
Direct Dial: 0121 200 3570
Clerked by:William Brown
Court of Protection & Mental Health
A leading practitioner in mental health and Court of Protection work. Involved in many significant cases in the development of the MCA and the MHA, as well as public law challenges to compulsory detention under both Acts. He advises public authorities on important and sensitive cases, and also represents individual patients or their families in challenges to detention. He has sat as a judge in mental health cases since 2003. He writes and lectures widely on the subjects, and trains tribunal judges and other members on the interface between the MCA and MHA for the Judicial College.
Significant Reported Cases:
P (by the Official Solicitor) v Cheshire West & Chester Council  UKSC 19- landmark decision defining deprivation of liberty within a social care setting.
Cheshire West & Chester Council v P  1 Costs L.R. 160- whether costs of COP appeals should be the same as Family
Rochdale Council v KW (No 2)  1 WLR 198 (CA): Consent orders in the Court of Appeal, and first instance judges obligation to follow precedent.
TA v AA & A LA  1 WLR 3773 (CA): second tier appeals- application of the rule in Lane v Esdaille  AC 210- steps a court must take to ensure a Article 5 compliant review.
Secretary of State for Justice v RB  1 WLR 2043 (CA): a restricted patient cannot be conditionally discharged into a deprivation of liberty.
Re X (Deprivation of Liberty) (Nos 1 & 2)  1 WLR 2454 (Sir James Munby, P.): President’s attempt to bring order to COP procedure in the wake of Cheshire West.
IH (Observance of Muslim Practice)  EWCOP 9 (Mr Justice Cobb): consideration of the approach the COP should take to religious observance, in this case Islam.
Re A (A Child) (Medical Treatment: Removal of Artificial Ventilation)  EWHC 443 (Fam)(Mr Justice Hayden): the definition of “death” in English law, contrasted with that in Islamic law- the High Court under parens patriae/inherent jurisdiction, should determine whether a person should have artificial ventilation withdrawn, in the event of a dispute, and not the Coroner, even though there is an overlap of jurisdiction.
Liverpool City Council v SG  EWCOP 10 (Mr Justice Holman): deprivation of liberty in children’s homes.
R (GP) v Derby City Council  EWHC 1451 (Admin)(HHJ Pelling, Q.C. Deputy HCJ): habeas corpus/judicial review of MHA detention.
C v Blackburn with Darwen BC & others  EWHC 1923 (Mr Justice Peter Jackson): overlap between guardianship (MHA) and DOLS (MCA)- COP should resolve best interests disputes.
GJ v Foundation Trust, PCT & Secretary of State for Health  3 WLR 840 (Mr Justice Charles): where DOLS can be used in a hospital.
AMA v Greater Manchester West Mental Health NHS Foundation Trust  UKUT 0036 (Mr Justice Charles): the rights of a welfare deputy to withdraw a patient’s appeal against MHA detention.
PJ v A local health board, The Welsh Ministers & The Department of Health  UKUT 0480 (Mr Justice Charles): the extent to which the tribunal should investigate whether patient’s Article 5 rights are engaged by a CTO.
Simon is a leading practitioner in mental health and capacity law and associated fields.
- Many landmark cases in these fields- & continuing to advise and represent parties at the “cutting edge”.
- Regularly instructed by public authorities in serious safeguarding cases, including those concerning the capacity to consent to sexual relations and marriage, particularly where there is a risk of travel abroad.
- Many leading cases concerning the interface between the Mental Health Act and Mental Capacity Act.
- Mental health tribunals (including the Upper Tribunal). Has been concerned with many of the cases that have developed the interface between the Mental Health Act and the Mental Capacity Act.
- Cases concerning children and young people and the protection of the rights of those with mental health problems.
- Common law claims for damages for negligence and unlawful detention arising out of psychiatry and social care.
- Judicial review cases concerning mental health and social care as well as habeas corpus.
- Medical treatment cases
- Inherent jurisdiction of the Court.
- Inquests arising out of deaths in hospitals and care homes, and homicides or suicides where a patient has been concerned.
- Training lawyers (including judges), medical and social care professionals, AMHP, BIA, and advocates.
Areas of Expertise:
Court of Protection
Community Care and Social Services
Local Government Law
Ranked as a Leading Junior in Court of Protection and Administrative and Public Law in Chambers and Partners and Legal 500.
Chambers UK 2017:
"He's excellent and brilliant with litigants in person." "He takes a pragmatic approach and provides thorough, robust advice."
"He is very good at putting parties at ease. He has a nice manner, he's approachable and his drafting is faultless."
Legal 500 2017:
‘Extremely knowledgeable and approachable.’
Chambers UK 2016:
"Very knowledgeable, logical and to the point."
"Incisive, responsive and a commanding figure during difficult negotiations. He inspires confidence from the client and the court."
"He is a measured and intelligent advocate who never shies away from an uphill struggle."
"He's very careful to pitch his defence of a public authority at their strongest points which makes him an effective advocate."
Chambers UK 2015:
“Admired junior who has significant experience of handling Court of Protection cases relating to best interests, deprivation of liberty and the Mental Health Act. He is a Mental Health Tribunal judge. Expertise: "He's excellent as an advocate, and is also helpful, approachable and available."
Legal 500 2014:
‘Delivers pragmatic and user-friendly advice.’
Chambers UK 2014:
"Has a great understanding of the law, is able to explain things well to clients and has a great knowledge of the Court of Protection area". "He is very charismatic, has a good sense of humour and is very persuasive." "He is an excellent and intelligent opponent." "Revered for his work on deprivation of liberty and safeguarding issues".
Court of Protection Practitioners Association (National Committee member)
Author: Atkins Court Forms- Mental Health Tribunals (Vol 26(1)) Butterworths/Lexis Nexis 2013. (New edition forthcoming in 2017)
Contributor- Chapters on “Tribunals” and “Mental Health” in Judicial Review: Law & Practice (Patterson) (Second Edition) Jordans 2014
Contributor: Chapter on “Health Care and Social Care” in Community Care Law & Local Authority Handbook (Butler) (Third Edition) Jordans 2015
A practitioner editor of International Journal of Mental Health & Capacity Law.
Tribunal Judge (part time), First-tier Tribunal, Mental Health (since 2003)
Trustee of an advocacy charity.
Trustee of AFC Fylde Community Foundation
B.A. (Dunelm) Dip Law LLM