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 (CA)- whether costs of COP appeals should be the same as in Family Proceedings.
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. Deprivation of liberty in a person’s own home.
In re A (A patient)(Court of Protection: Appeal)  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.
An Acute Trust & A Mental Health Trust v X (unreported 2017) (Mr Justice Williams)- inherent jurisdiction used to require under 18 year old to undergo serious medical treatment – where he would be deprived of his liberty.
Acted for Claimant’s wife in HRA settlement (with Francesca P. Gardner) associated with CH v Metropolitan Council  EWCOP 12 (Sir Mark Hedley)
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 Northern powerhouse of Court of Protection Counsel. He is a joy to work with, his advocacy skills are unrivalled, and he has the ability to get to the real issues in the case, which means they are dealt with quickly and efficiently"
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.
- Acts for public authorities (NHS bodies and Local Authorities) in inquests, usually involving an investigation of systemic failings.
- Cases involving the mental health of children and young people where care or medical treatment is involved.
- Financial issues arising out of welfare cases and advising Deputies on issues arising out of the interface between welfare and property and affairs, including statutory wills.
- 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.
- Increasingly involved in damages claims involving breaches of Human Rights and unlawful detention
- 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.
- Serious Medical treatment cases
- Inherent jurisdiction of the Court.
- Trains Court of Protection judges and Tribunal members on mental health and capacity law for the Judicial College.
Year of Call: 1990
Areas of Expertise:
- Court of Protection
- Community Care and Social Services
- Human Rights
- Judicial Review
- Local Government Law
- Mental Health
- Public Law
Court of Protection Practitioners Association (Vice Chair- National Committee)
Tribunal Judge (part time), First-tier Tribunal, Mental Health (since 2003)
Chair of the board of Trustees of Advocacy Focus.
Trustee of AFC Fylde Community Foundation
Author: Atkins Court Forms- Mental Health Act Proceedings (Vol 26(1)) Butterworths/Lexis Nexis 2017
Contributor- Chapters on “Tribunals” and “Mental Health” in Judicial Review: Law & Practice (Patterson & Karim) (Second Edition) Jordans 2014
Contributor: Chapter on “Health Care and Social Care” in Community Care Law & Local Authority Handbook (Butler) (Third Edition) Jordans 2015
Presently editing section on Mental Health and Capacity in Civil Court Practice (The Green Book) Lexis Nexis to be published in 2018.
A practitioner editor of International Journal of Mental Health & Capacity Law.
B.A. (Dunelm) Dip Law LLM
Ranked as a Leading Junior in Court of Protection and Administrative and Public Law in Chambers and Partners and Legal 500.
Chambers UK 2018:
"Simon is a Northern powerhouse of Court of Protection counsel. He is a joy to work with, his advocacy skills are unrivalled, and he has an ability to get to the real issues in a case, which means they are dealt with quickly and efficiently."
"He is quite an intellect. He knows the law very well. Also, he is a brave advocate who doesn't shy away from taking difficult points." "A nice client-handling manner. He is always well prepared and has a nice sense of humour. Also, his submissions are always interesting and effective."
Legal 500 2018:
‘He uncovers the key issues of a case.’
‘Very quick-witted and fantastic with clients.’
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".