Ranked in The Legal 500 (2024) for Family and Children Law.
“Emily is diligent, articulate and tenacious. She is always thoroughly prepared and ready to fight her client’s corner.” – The Legal 500 (2024)
Emily Reed has a busy children law practice, covering the whole range of proceedings in private and public children law as well as Family Law Act injunctions.
Emily appears regularly in the full range of hearings, including finding-of-fact hearings, final hearings and appeals, and has experience dealing with expert and vulnerable witnesses.
She has dealt with complex matters including leave to oppose adoption orders, international jurisdictional issues arising in care proceedings, and complex issues surrounding parental alienation in private children proceedings.
Emily has appeared regularly in the National Deprivation of Liberty Court, as well as writing on this subject (The National Deprivation of Liberty Court – how might it increase transparency and what is it for?, published in the Family Law Journal, Nov 2022, Volume 52), bringing to bear her knowledge as a respected Court of Protection barrister when advising on any matters pertaining to capacity.
Approach
Emily’s sensitive approach in conference and negotiations has led to successful outcomes when representing parents in public and private law proceedings, including those involving issues of neglect, drug abuse, parental alienation and physical and sexual abuse.
She has a detailed knowledge of the law and is known for her thorough preparation of the cases she deals with. Clients can always be assured that Emily will know their case thoroughly and that their priorities will be understood and kept central to her presentation of the case.
Emily has completed the FLBA Vulnerable Witness Training and is a respected Court of Protection practitioner. She has vast experience representing clients who have cognitive differences.
Client feedback, 2017: ‘Your knowledge of the whole situation shone through’
Client feedback, 2018: ‘It has been a very long and difficult journey and I thank you for “fighting my corner”’
Public law
In public law proceedings, Emily regularly represents a range of local authorities as well as acting for parents, children and interveners. She is adept at dealing with instructions on short notice. She is known for her detailed and compelling written advocacy, and has prepared skeleton arguments dealing with leave to oppose adoption orders, the proportionality of litigating threshold findings, and with respect to international jurisdictional issues.
Emily is known for her robust approach, detailed knowledge of the law and her ability to quickly master the facts of the case.
Emily has acted for local authorities and respondents in cases involving sexual abuse, physical abuse (including non-accidental injuries and shaking injuries), parents with mental health issues, issues of mental capacity and immigration issues. Due to her expertise in Court of Protection proceedings, Emily is particularly adept at dealing with cases in which issues of mental capacity and mental health and/or learning disability/difficulties arise.
Private law
Emily has a busy private children law practice, and has a strong track record for achieving good results for parents in Child Arrangement Order proceedings. She is known for her sensitive client care, ability to handle negotiations with skill and tact, and for her robust approach in court.
She has experience in dealing with cases with an international element, including applications for leave to remove children from the jurisdiction. She has successfully represented clients where there have been attempts to frustrate the time spent with children.
In a recent case, Emily successfully represented a father in a complex and long running matter, in which she was instrumental in the pleading and presentation of the father’s case. During the proceedings, findings of parental alienation were made against the mother and the children’s residence was transferred to the father.
Notable cases
- Wakefield Metropolitan District Council v CM & Ors [2016] EWHC 2026 (Fam)
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.
Contact Emily’s clerks
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.
