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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)
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