Welfare cases
Emily has a particular interest in this field and has built up a successful Court of Protection practice.
Emily appears regularly in cases involving complex welfare decisions and deprivations of liberty (DoL).
She is frequently instructed by local authorities, clinical commissioning groups, the Official Solicitor and P’s family members in health and welfare cases, dealing with issues as diverse and complex as the removal of pubic and underarm hair in accordance with religious practice to capacity to consent to sexual relations.
Emily acted as junior to Natalia Perrett in a complex case involving DoLs in respect of protected parties residing in children’s homes and residential special schools. She assisted in the preparation of legal submissions within the Re X and others (Deprivation of Liberty) [2014] EWCOP 25 litigation, in which Sir James Munby P (as he was then) conducted a review of the processes by which the Court of Protection authorises and reviews DoLs in the wake of the Cheshire West decision.
Emily is known for her intellectual rigour. She regularly provides legal training to solicitors and front line workers, most recently on s.117 aftercare. In 2023, she has co-written the following articles regarding developments in the Court of Protection:
- A paternalistic approach to capacity: who ‘controls’ when someone may take their own life? Family Law Journal, June 2023 issue
- Progress to transparency in the Court of Protection, Family Law Journal, September 2023 issue
Approach
Emily’s thorough grasp of the law and procedure involved in the Court of Protection, coupled with her sensitive approach to the complex issues involved, has resulted in successful outcomes in several difficult cases. She has the ability to communicate effectively to the lay parties, often unrepresented, in this type of litigation, putting complex issues into simple and concise terms.
She is happy to advise at any stage in proceedings. Her paperwork, including skeleton arguments, position statements and draft interim and final orders, is detailed and persuasive, and can be turned around quickly and efficiently.
Notable cases
- Re X and others (Deprivation of Liberty) [2014] EWCOP 25
Public Access
Emily may accept Public Access work, where she can be instructed directly by a member of the public rather than a solicitor.
Court skills training
Emily has in the past facilitated court skills training days for social-work students on Leeds Beckett’s BA and MA courses and to trainee paediatricians at Leeds University. Emily has also delivered court skills training courses for social workers at various local authorities.
