“The excellent set Spire Barristers has a strong Court of Protection team.”
- Tier 1 Set, Legal 500 UK
Members of the Public Law team at Spire Barristers have expertise in applications under the MCA 2005.
We can also advise in cases involving the overlap between public law children cases and Court of Protection work as vulnerable young people transition into adulthood. Our team members appear in the regional Court of Protection and High Court and have acted on behalf of family members, Local Authorities and Health Professionals. The advice can be given on both welfare and financial aspects of these specialist cases.
“Great strength and depth. A reliable and impressive set with a wealth of experienced and well respected barristers.”
- Legal 500 2023
As the circuit’s only specialist public law set, Spire Barristers is home to a strong contingent of experienced and specialist barristers.
The public law team provides a monthly news and case update service, edited by Holly Littlewood and Aaqib Javed, covering welfare and financial issues for those working in Court of Protection matters. With a growing number of recipients, the Court of Protection Newsletter has proved a popular service with professionals in the field.
Court of Protection: Health & Welfare
The growing Court of Protection team at Spire Barristers continues to go from strength to strength as members are instructed in increasingly complex cases.
From s21A challenges and best interests disputes to matters including serious medical treatment, our team has the breadth of knowledge and experience to represent parties across a wide range of disputes.
Court of Protection: Property & Finances
Spire Barristers are specialist practitioners in mental capacity law and are experienced in advising on cases falling under the property and affairs pathway of the Court of Protection. The team is regularly instructed by local authorities, health authorities and care trusts, family members and the Official Solicitor on behalf of P.
Our members are experienced in advising and representing local authorities, governing bodies and family members concerning education law matters.
Our public law team thoroughly understands the holistic needs of children and young people with special educational needs and the interface with Children Act 1989 responsibilities. Members are also aware of the practical and operational demands experienced by local authorities and schools.
Inquests is a thriving area of work at Spire Barristers, and members are happy to accept instructions from NHS bodies, police forces, interested parties and family members.
Our Inquests specialists have a range of knowledge and skills, with practitioners who can call upon a range of experience, including an Assistant Coroner, in the following practice areas:
- Criminal Law
- Clinical Negligence
- Health and Social Care
- Mental Capacity
- Prison Law
Mental Health & Community Care
Some of our members, who are highly trained in this area, can advise and represent those who have been made subject to the compulsory detention powers under the Mental Health Act 1983. The team is very experienced at representing detained patients in the First-Tier Tribunal, the Upper Tribunal, and the higher appellate courts.
Community Care is an important area of practice that impacts many people’s lives; a challenge for local authorities and families alike. Spire Barristers can assist and advise across the whole range of issues and disputes.
With a strong connection to Court of Protection work, Spire Barristers are well-placed to provide advice and representation on matters requiring recourse to the Court or referral for relevant assessments.
Judicial Review & Administrative Law
Increasingly Spire Barristers offers expertise in Judicial Review and Administrative Law matters which are closely related to, or emanate from, Family Law proceedings.
In particular public law barristers have experience of:
- Advising and representing local authorities concerning their obligations
- Advising and representing local authorities concerning the financial obligations of children leaving care
- Acting in cases concerning children with disabilities leaving care but needing protection under the Mental Capacity Act 2005
- Advising in cases relating to alleged breaches of the Human Rights Act 1998
- Advising and acting in claims relating to the Community Care responsibilities of Local Authorities and the provisions of the Care Act 2014
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