Francesca practices in all areas of Court oF 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.
 

Children and Mental Health, Mental Capacity and Deprivation of Liberty

Francesca has extensive experience involving the complex area of children and mental health and mental capacity law. Francesca has experience of representing children, public bodies and family members in cases involving children detained under the Mental Health, cases under the Inherent Jurisdiction of the High court seeking the court's authorisation for the deprivation of a child's liberty and claims under the Human Rights Act 1998 for unlawful deprivation of a child's liberty and breaches of Article 8 of the ECHR as a result of the failings of public authorities in care proceedings. 

Francesca regularly provides advice to local authorities and children's Guardians in relation to the complex area of consent and deprivation of liberty in children's cases. 

Significant Reported Cases

Re B (Capacity: Social Media: Care and Contact) [2019] EWCOP 3

The Hospital Trust v V & Ors [2017] EWCOP 20

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)

Francesca is a specialist in all areas of Court Protection work. Francesca’s practice is unique as she specialises in Property & Affairs work and Health and Welfare. Francesca routinely advises on complex financial cases, including cases flowing from or overlapping with personal injury or clinical negligence claims.

Francesca regularly receives instructions from a broad range of clients in property and affairs work including: the Official Solicitor; professional and lay deputies; family members and public bodies.

Francesca has particular interest and expertise in cases involving the following: statutory wills; the appointment of deputies; the scope of the authority of a deputy; financial abuse; lasting powers of attorney and gifts. Below are some examples of cases Francesca has been instructed in:

• In SAD & Anor v SED [2016] EWCOP 3: Francesca represented the daughters of P in the first post MCA case to consider the issue of capacity to revoke a lasting power of attorney (“LPA”). P decided with capacity to appoint her daughters under a LPA. The evidence before the court indicated that the LPA was executed to guard against the financial consequences of hypomania resulting from her bipolar disorder. P revoked the LPA and this was challenged by the daughters. The court gave helpful guidance as to the information relevant to the decision to revoke a LPA.
• Francesca routinely advises in proceedings flowing from or related to personal injury proceedings. Francesca has recently advised on the management of a damages award for a prisoner that lacks capacity to manage the award and the management of a damages award for a young man seriously injured in a road traffic accident. Francesca has extensive experience of advising in relation to personal injury and clinical negligence claims that require consideration of applications that are to be made in the Court of Protection in circumstances where the protected party lacks capacity, including applications to authorise any deprivation of liberty arising from the care package.
• Francesca advised and represented a professional deputy in relation to an application for authority to execute a statutory will in complex circumstances which included: suspected financial abuse; service outside of the jurisdiction; suspected fraudulent activities of a charity and an application to dispense with service.
• Francesca advised the lay deputy on a complex matter involving significant historical gifts made from P’s estate. The case involved the Office of Public Guardian and the appointment of a professional deputy.
• Francesca advised and represented the professional deputy in complex proceedings before the Court of Protection which involved issues of serious financial abuse; suspected abduction of P and complex issues of disclosure.

Francesca provides regular training in this area and has experience of providing training events and seminars to practitioners, including public bodies and professional deputies.

Francesca is regularly instructed in health and social care matters, including community care and healthcare disputes. Francesca regularly advises on Ordinary Residence disputes, including matters with a cross-border issue. Francesca provides regular training in this area, to both professional and lay clients, including speaking at the national Scottish Social Work Conference.

Francesca accepts instructions on inquest matters, particularly those relating to detention under the Mental Health Act or the Mental Capacity Act.

Francesca regularly receives instructions in Judicial Review proceedings, particularly cases involving community care and mental health.