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Adrian Francis

Barrister

Court of Protection – Health & Welfare

Adrian is regularly instructed to act on behalf of the Official Solicitor, local authorities, NHS ICBs and family members. He is experienced in a wide range of health and welfare disputes in the Court of Protection. These include deprivation of liberty and best interests disputes with issues as to care, residence, contact, social media and sexual relations.

 

Court of Protection – Property & Affairs

Adrian regularly acts in applications seeking the appointment and removal of attorneys and deputies. He has appeared on behalf of the Office of the Public Guardian, local authorities and family members.

 

Inquests

Adrian is instructed by local authorities, families, insurers and care providers with regular attendance at expanded Article 2 Inquests. Adrian has a particular interest in inquests involving deaths in care homes and regularly appears before Coroners in England and Wales.

Notable Inquests
https://www.dailymail.co.uk/news/article-5908741/Manchester-grandmother-dementia-choked-death-given-solid-food.html

 

Care Funding Disputes

Ordinary Residence Disputes
Adrian is experienced in obtaining successful determinations by the Secretary of State for Health in ordinary residence disputes between local authorities. This has resulted in the recovery of significant care costs.

Care Home Fees
Adrian has successfully advised both local authorities and private clients on numerous complex disputes involving care home fees.

 

Mental Health Law

Adrian is a former member of the Law Society’s Mental Health Review Tribunal Panel and is highly experienced in representing patients before the tribunal. Adrian also regularly appears on behalf of both local authorities and families in displacement of the nearest relative proceedings before the county court.

Calderdale MBC v AB, Daniel Lumb and AnB [2021] EWCOP56 https://www.bailii.org/ew/cases/EWCOP/2021/56.html

TW v Middlesbrough Council [2023] EWCOP 30 https://www.bailii.org/ew/cases/EWCOP/2023/30.html

MA v Gateshead Council & Ors [2024] EWCOP 34 (19 June 2024) (bailii.org)

https://www.bailii.org/ew/cases/EWCOP/2024/34.html

Solicitor 2005-2018

Law Society Mental Health Review Tribunal Panel 2005-2008

Royal Society of Medicine Senior Associate 2010-2020

Court of Protection Practitioners Association

Professional Negligence Bar Association

Gray’s Inn

Northern Circuit

 

“Experienced in a wide range of health and welfare disputes in the Court of Protection.”

- Adrian Francis

Articles from Adrian