Sexual Relations, Equality and the Court of Protection
25/07/2024
Bevan Brittan Education Lunchtime Training Webinars 2024
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I am a partner in the Health & Care Regulatory team. Based in our Bristol office, I work nationally for clients across the health, social care, education and housing sectors.
Specialising in the legal frameworks engaged in commissioning and providing health, social care, education and housing to vulnerable adults, young people and children, I deal with a range of matters. These include; human rights, capacity, mental health, consent, best interests, deprivation of liberty, treatment, special educational needs and disability, education and health care plans, regulatory scrutiny and intervention (Care Quality Commission and Health and Safety Executive), and serious incident response in health and social care. I have experience in representing clients at inquests, Tribunals, in the Court of Protection, the Inherent Jurisdiction of the High Court and in the criminal courts in the regulatory jurisdiction.
Hannah Taylor - absolute star, the best COP healthcare solicitor in the country. She is extremely knowledgeable, gives clear and robust advice, and the courts know her and respect her highly. She gets great results and really supports the clients through the whole process.
I am recognised by clients as being a "go-to expert" and for my "team-approach" to supporting health, social care, education and housing professionals through the entire journey of these matters.
From a client’s perspective, she feels like an incredibly safe pair of hands, always accessible and ready to talk through an issue and working for the Trust with as much passion and commitment as if she were one of its employees.
I am recognised by clients as being a "go-to expert" and for my "team-approach" to supporting health, social care, education and housing professionals through the entire journey of these matters.
Hannah Taylor is an absolute star. There is nothing she doesn't know about health care law, she is absolutely on top of her cases, gives clear and robust advice and has great credibly with the court. She and her whole team are tremendous.
I represented an NHS Trust in the first ever CQC prosecution under the Health and Social Care Act 2008, and regularly advise organisations on serious/catastrophic incidents and the parallel processes arising out of these, including; HSE investigations and prosecutions, police investigations and CPS prosecutions for corporate and gross negligence manslaughter, complex inquests, NHS England/CCG reviews, CQC inspections and the interface between enforcement agencies.
Hannah has incredible eye for detail whilst also thinking how things fit into the bigger picture.
A significant proportion of my work revolves around advising on appropriate legal frameworks for complex, vulnerable service users who require restrictive and intensive packages of care and support across a variety of care-settings; ranging from high-secure/specialist hospitals, general psychiatric low-secure/open units, rehabilitation centres, residential/nursing homes, traditional supported living placements, core and cluster models, "hospital-at-home", family home packages and own tenancy arrangements. They often involve regularising invasive and often ethically contentious interventions such as high-levels of physical restraint, seclusion, use of CCTV, removed-clothing personal searches, intercepting correspondence and monitoring/regulating telephone/face-to-face contact.
Frequently, there are disputes concerning the appropriate treatment, management technique and placement which I have to facilitate the mediation of between health and social care professionals, family members and others involved in the service user's care. I have been involved in some of the most significant matters before the Court of Protection over the past five years, with cases that have directly impacted the application of the law and how care and support has to be delivered in practice.
Hannah has incredible stamina and is admired for her high quality handling of these complex and high profile cases. There are not many lawyers who have the skill set to address the Board on health & safety governance issues in one breath and answer detailed questions about the legal and statutory framework in the next. Hannah uses her formidable strengths and good judgment to win over clients and is a solicitor you want on your side.
I have experience in representing clients who are seeking declarations and authorisations for the delivery of medical treatment for those lacking capacity or unable to make a lawful decision about the proposal. These can be longstanding for non-urgent interventions (such as long-term contraception/non-therapeutic sterilisation or treatment of chronic conditions) or emergency applications for life-saving interventions.
I am recommended in Legal 500 and have been named an 'Up and Coming' lawyer in the Chambers 2022 directory.
Hannah’s style is intuitive – she knows when I would understand something and when something may need qualifying – she uses helpful examples to aid understanding…without exception Hannah’s my ‘go to’ expert for all matters of dispute or court.
Training
I frequently deliver seminars and training presentations to health, social care, education and housing professionals. I have provided training to the Royal College of Psychiatrists, the Royal College of Obstetricians, NHS England South, SITRA, Supported Housing in Partnership and the Law Society; and draft articles and briefings in this rapidly developing, but highly nuanced, practice area. Through my experience in the Court of Protection and the High Court, I have developed a comprehensive suite of precedents for the evidence that is required; including templates for capacity assessments, records of best interest decision-making, care plans, risk assessments and witness statements. These have received accolades from a number of High Court Judges. I've also developed practical toolkits; aimed at frontline professionals to assist with complex issues such as CCTV and obstetric mental health cases.
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Appointments
- I was the Chair of the South West Court of Protection Practitioner Association between 2016 – 2019 and continue to be a Committee Member. This is an organisation made up of health and social care professionals, IMCAs, solicitors, barristers and Judges and patient representatives involved in this area of work. We directly influence how the Court of Protection operates regionally. I spoke at the CoPPA National Conference in Bristol in September 2016.
- Mediation Scheme Working Committee – I am a member of the working committee which developed and launched mediation scheme for Court of Protection in 2019.
Legal Directories
- Legal 500 2021 – highly recommended lawyer for Healthcare and Court of Protection and a key lawyer in Health and Safety.
Hannah’s ability to coordinate the different strands in a case is outstanding. Her preparation is meticulous. She has an excellent reputation amongst the solicitors working for the Official Solicitor. They readily acknowledge her attention to detail, high quality of judgement, and the fact that “she knows what she’s doing”.
Awards
- In February 2016 I was The Times Lawyer of the Week for my work in Mental Health Trust v DD and BC [2015] EWCOP 4 where the relief that the Court granted is thought to be the most exceptional in the history of the Court of Protection.
Notable Cases
- CQC v An NHS Foundation Trust - in October 2017 I represented an NHS Trust in the first ever CQC prosecution under the Health and Social Care Act 2008.
- HM Coroner for Oxfordshire – in October 2015 I represented an NHS Trust in a complex, contentious and controversial Article 2 inquest (jury) into the death of a vulnerable young service user with a learning disability and epilepsy, who died whilst admitted to a mental health in-patient unit. I have advised the Trust with the associated CQC and police investigations (corporate manslaughter) and continue to advise on the HSE prosecution for breaches of Health and Safety legislation.
- Mental Health Trust v DD and BC [2015] EWCOP 4 - I represented the applicant mental health Trust, acute Trust and local authority in this case, where the Judge granted the relief sought by the applicants, permitting the sterilisation of a learning disabled woman. The relief granted is thought to be the most exceptional in the history of the Court of Protection. This case attracted national media attention and I supported the applicants on media strategy.
Hannah consistently displays a calm, professional manner; her attention to detail is exceptional, and she is able to readily understand and interpret the complexity of NHS governance arrangements. Her organised and thorough approach, seeing matters through to completion, instils confidence. She is highly personable, and able to adapt to her audience, smoothly managing difficult conversations at Board level and with managers and staff throughout the organisation. She is a highly reliable and professional representative externally.
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Naughty, naughty – breaching orders in the Court of Protection
06/06/2024
Bevan Brittan Education Lunchtime Training Webinars 2024
Case Law Update – Mental Capacity Act 2005
26/04/2024
Bevan Brittan Education Lunchtime Training Webinars 2024
Safeguarding and Information Sharing in Health
21/03/2024
Bevan Brittan Education Lunchtime Training Webinars 2024
Reflecting on Children’s Social Care 2 years on from the national...
07/03/2024
Bevan Brittan Education Lunchtime Training Webinars 2024
Domestic Homicide Reviews and your duties in relation to them
22/02/2024
Bevan Brittan Education Lunchtime Training Webinars 2024
Distinguishing unwise decision-making from lacking capacity
12/12/2023
Bevan Brittan Education Lunchtime Training Webinars 2023
Hoarding Disorder: a panel discussion on practical and legal steps
23/11/2023
Bevan Brittan Education Lunchtime Training Webinars 2023
Special Educational Needs and Disabilities Snapshot
09/11/2023
Bevan Brittan Education Lunchtime Training Webinars 2023
Case Law Update – Mental Health Act 1983
19/10/2023
Bevan Brittan Education Lunchtime Training Webinars 2023
Health and Safety considerations for construction on Health and Social...
03/10/2023
Bevan Brittan Education Lunchtime Training Webinars 2023
When might mediation be helpful in the Court of Protection context?
07/09/2023
Bevan Brittan Education Lunchtime Training Webinars 2023
New CoP3 Form - Assessment of Capacity
30/08/2023
Practical and Legal Guidance for Assessing Capacity
20/07/2023
Bevan Brittan Education Lunchtime Training Webinars 2023
Update on the DoL Streamlined Procedure
19/07/2023
In discussion: harassment in health and social care services
13/07/2023
Bevan Brittan Education Lunchtime Training Webinars 2023
Children and Young People: Placement and Restrictive Support Packages
11/07/2023
Bevan Brittan Education Lunchtime Training Webinars 2023
Eating disorders and disordered eating: treating the body and the mind
22/06/2023
Bevan Brittan Education Lunchtime Training Webinars 2023
What is the inherent jurisdiction for vulnerable adults and when might...
14/06/2023
Bevan Brittan Education Lunchtime Training Webinars 2023
No Blame Culture and Patient Safety
27/04/2023
Bevan Brittan Education Lunchtime Training Webinars 2023
Case Law Update - Mental Capacity Act 2005
20/04/2023
Bevan Brittan Education Lunchtime Training Webinars 2023
Understanding autism and assessing capacity
30/03/2023
Bevan Brittan Education Lunchtime Training Webinars 2023
In discussion: the future of anonymity in health and social care cases
23/03/2023
Bevan Brittan Education Lunchtime Training Webinars 2023
When to make an application to the Court of Protection?
02/03/2023
Bevan Brittan Education Lunchtime Training Webinars 2023
Care packages where social housing is required – how might this be...
23/02/2023
Bevan Brittan Education Lunchtime Training Webinars 2023
Sharing P’s information and the participation of others in Court of...
07/02/2023
Bevan Brittan Education Lunchtime Training Webinars 2023
Civil Matters involving Vulnerable Adults: Capacity Considerations
02/02/2023
Bevan Brittan Education Lunchtime Training Webinars 2023
When might it be appropriate to seek an injunction in the Court of...
19/01/2023
Bevan Brittan Education Lunchtime Training Webinars 2023
ON DEMAND: Tricky issues in Court of Protection - Covid-19...
08/11/2022
Bevan Brittan Education Lunch Training Webinars 2022
Patient Safety Incident Response Framework: A Panel Session
07/11/2022
A panel of experts will discuss the Patient Safety Incident Response Framework.
ON DEMAND: Controlling and coercive behaviour
18/08/2022
Bevan Brittan Education Lunch Training Webinars 2022
ON DEMAND: Children and Young People’s Treatment: When Parents,...
14/07/2022
Bevan Brittan Education Lunch Training Webinars 2022
TRAINING: Recent Case Law on the Use of the Inherent Jurisdiction and...
12/07/2022
Bevan Brittan Education Lunch Training Webinars 2022
Mental Capacity Act; what do the consultation and draft Code of...
17/05/2022
Join our Healthcare Regulatory team for this complimentary webinar
Liberty Protection Safeguards; what do the consultation, draft Code of...
26/04/2022
Join our Health, Care & Regulatory team for this complimentary webinar
MCA and LPS – Consultation Published
22/03/2022
Challenges of overseas visitors charging regulations
08/03/2022
Bevan Brittan Education Lunch Training Webinars 2022
Liberty Protection Safeguards – where are we now?
30/11/2021
Understand the latest position on the Liberty Protection Safeguards and a recap of what we know
CQC’s Next Wave of Regulation and Enforcement
25/03/2021
CQC’s Post-Covid Priorities for Inspection and Enforcement in Physical and Mental Health
Coronavirus Act 2020 - Changes for Mental Health
01/04/2020
What should your organisation be doing in preparation for the changes?
Court of Protection Case Summary
28/03/2019
Secretary of State for Justice v MM [2018] UKSC 60, Welsh Ministers v PJ [2018] UKSC 66 and Hertfordshire County Council v AB...
Case Summary: University College London Hospitals v KG [2018] EWCOP 29
04/12/2018
Court of Protection case summary
Case Summary: PL (by her litigation friend, SL) v Sutton Clinical...
09/04/2018
Court of Protection case summary
Case Summary: SOSJ –v- MM & Welsh Ministers –v- PJ [2017] EWCA Civ 194
05/04/2018
Court of Protection case summary
Case Summary: In the matter of D (A Child) [2017] EWCA Civ 1695
03/11/2017
Court of Protection case summary
Case Summary: IH (Observance of Muslim Practice) [2017] EWCOP 9
18/07/2017
Court of Protection case summary
Key Obstetric Case Summaries
13/06/2017
A trio of obstetric case summaries in the Court of Protection
Case Summary: Re MM (A Patient) [2017] EWCA Civ 34 (Court of Appeal)...
06/04/2017
Court of Protection case summary
New Joint Guidance on Housing Demand
31/01/2017
Issued by NHS England, the Local Government Association and ADASS, arising from the Transforming Care Programme
The Law Commission - final report and draft bill delayed until March...
30/11/2016
Final report of its review of the law of mental capacity and deprivation of liberty and draft bill
Facilitating the participation of P in the Court of Protection
18/11/2016
Issued guidance and considerations
Use of CCTV in Care Packages in the Community
17/10/2016
The use of CCTV in packages of care in the community represents a serious risk issue for commissioners, providers and care...
Children - which decision counts?
04/08/2016
It is a well-known principle in English law that a competent adult’s refusal to treatment cannot be overridden – no matter how...
Giving evidence in a criminal trial
11/06/2015
Attending court as a witness to give evidence in a criminal trial can seem like a daunting prospect. This guidance will provide...
Court guidance on obstetric cases for patients with mental disorder,...
04/09/2014
There are an increasing number of applications to the Court of Protection concerning pregnant women where there is a concern about...
The Liverpool Care Pathway – what next?
18/10/2013
The Liverpool Care Pathway (LCP) attracted a great deal of publicity following publication of an Independent Review in July 2013....
“Love: a temporary insanity, curable by marriage” (Ambrose Bierce)
22/06/2012
Under Article 12 of the European Convention of Human Rights, men and women of marriageable age have the right to marry. However,...
Liverpool Care Pathway
08/07/2010
In this article Hannah Taylor explores the Liverpool Care Pathway ("The LCP") refining the core principles...
Hannah has incredible knowledge of the law and is very robust with the client in terms of having clear communication and telling them exactly what they need to do.