Benjamin Harrison

Viewing: Court of Protection for Benjamin Harrison

Ben is acknowledged as having a particular specialism and expertise in the Court of Protection, and is ranked as a ‘Rising Star’ in this field by the Legal 500.
He is experienced in both property and affairs, and health and welfare matters and was supervised by Ian Brownhill during pupillage.
Ben is instructed by the Official Solicitor, RPRs, local authorities, Clinical Commissioning Groups, Welsh Health Boards, and family members in section 21A and section 16 proceedings under the Mental Capacity Act 2005. He has been involved in complex proceedings, including:
• Fact finding hearings involving allegations of sexual assault, coercive control and physical abuse
• Cases concerning serious medical treatment
• Proceedings under the inherent jurisdiction of the High Court (Family Division) appearing on behalf of the Official Solicitor and local authorities in applications to safeguard vulnerable adults who are incapacitated by the influence of third parties
• Proceedings where the interface between the Mental Capacity Act 2005 and the Mental Health Act 1983 are in issue
• Proceedings where the jurisdiction of the Family Court and the Court of Protection meet—especially in the context of Forced Marriage Protection Orders
• Proceedings where issues include the placement of young adults at schools following the decision of the First-tier Tribunal (HESC) which amount to a deprivation of liberty
He is frequently instructed by the Public Guardian where concerns over the operation/execution of Lasting Powers of Attorney have been raised, and has experience acting in proceedings concerning applications for statutory wills.
Ben is also experienced in providing advice and representation in proceedings brought under the Mental Health Act 1983 in order to displace Nearest Relatives.
Ben has a growing advisory practice concerning mental capacity and community care law. He accepts instructions advising on: the powers and duties of property and affairs deputies, care funding disputes under the Care Act 2014, equivalent Welsh legislation, and section 117 of the Mental Health Act 1983 in particular.
Notable Cases: Health and Welfare
Re. JP [HHJ Harris, Tier 3] 2021
Ben is instructed by the Official Solicitor on behalf of JP in linked proceedings in the Court of Protection and in the Family Division of the High Court. An application has been brought by the local authority to safeguard JP, who they say is under the influence of an abusive third party. Restraint was authorised by the court under the inherent jurisdiction as part of interim arrangements to return JP to her placement and attempt to assess her capacity. Proceedings are ongoing.
Re. B [Leiven J, Tier 3] 2021
Ben is instructed by the Official Solicitor on behalf of B in ongoing proceedings concerning proposed serious medical treatment, and what is in B’s best interests in respect of the cutting of his toenails. The court authorised the use of general anaesthetic and the use of physical restraint as part of the procedure.
Re. PB [DCJ Marston, Tier 3] 2021
Ben is instructed by a local authority in complex health and welfare proceedings where very serious safeguarding allegations are in issue between a husband and wife.
Re. C [HHJ Edwards] 2020-2021
Ben was instructed by a local authority in health and welfare proceedings where very serious safeguarding allegations were in issue between father and daughter. Ben was retained throughout and successfully represented the local authority at a five-day fact-finding hearing in January 2021, and a two-day final welfare hearing in June 2021 (which considered C’s best interests in respect of her residence, care and contact with others).
Re. GA [HHJ Pemberton] 2020-2021
Ben was instructed by the Official Solicitor on behalf of P. Issues included a previous risk of P being unlawfully moved out of the jurisdiction and being overmedicated. Ben appeared at the final three day contested hearing, where a bespoke placement was ordered to be in P’s best interests in terms of her residence and care. A complex transition was overseen by the court. The CCG instructed Leading Counsel. The case has been reported as Re GA (challenge to standard authorisation) [2020] EWFC B67.
Re. DA [HHJ Clayton] 2019-2021
Ben was instructed in a long running welfare application on behalf of a local authority which culminated in a five-day trial to determine P’s best interests in February 2020. The judgment has been reported as Re DA [2020] EWCOP 74. Issues included P’s care and support, residence and contact with others. Other issues included the appointment and powers of a professional health and welfare deputy (a solicitor) to make decisions on behalf of P. The matter was returned to court in 2021 when the February 2020 order could not be put into effect due to a deterioration in P’s condition. The proceedings were summarily determined; An NHS Trust v AF and SJ [2020] EWCOP 55 applied. P was represented by the Official Solicitor, who instructed Leading Counsel.
Re. AHM [HHJ Rowland] 2020-2021
Ben is instructed by the Official Solicitor on behalf of P in linked proceedings before the Court of Protection and the Family Court arising out of a Forced Marriage Protection Order. Capacity to marry and consent to sexual relations in issue.
Re. KRH [DJ Britton] 2020-2021
Ben is instructed by the Official Solicitor in ongoing section 16 proceedings where P’s tenancy is at risk due to his hoarding behaviour. A care plan has been authorised by the court, including as a last resort the use of mechanical restraint and conveyance to a residential placement in KRH’s best interests, to attempt to assess his capacity and eligible needs under the Care Act 2014 Act.
Re. GSB [HHJ Marston] 2020-2021
Ben was instructed by a local authority in complex health, welfare and property and affairs proceedings, where P was removed from her residence in breach of best interests orders of the court.
Re. PJ, SJ and GJ [DJ Gibson] 2020-2021
Ben is instructed on behalf of a local authority in proceedings where three sets of section 21A challenges have been consolidated into one. Issues include whether trial periods home are in each P’s best interests, with bespoke transition plans (informed by multi-disciplinary teams) considered by the court.
Re. SW [Keehan J, Tier 3] 2020
Ben was instructed by the Official Solicitor on behalf of P at a hearing before Mr Justice Keehan. P was deprived of her liberty under the inherent jurisdiction of the High Court. Ben successfully persuaded the Court (applying Redcar and Cleveland Borough Council v PR andOrs [2019] EWHC 2305 (Fam)) that it was not appropriate to regulate P’s deprivation of liberty under the inherent jurisdiction, since P was unlikely to understand the effect of the injunction or appreciate the consequences of it. P’s deprivation of liberty was regulated under section 48 of the Mental Capacity Act 2005 and transferred to the Court of Protection.
Re. DL [HHJ Clayton] 2019-2020
Ben was instructed in a long running set of section 21A proceedings on behalf of a local authority. Issues included an urgent application to authorise the use of proportionate restraint and the interface between the Mental Capacity Act 2005 and the Mental Health Act 1983. Ben was ultimately successful in resisting the section 21A challenge.
Re. JC [HHJ Williscroft] 2020
Ben was instructed by an ALR on behalf of a P with complex needs. He was successful in securing a move for P to a placement closer to her family.
Notable Cases: Property and Affairs
Re. CP [DJ Bailey] 2021
Ben was instructed by the Public Guardian in proceedings which concerned (i) whether or not P had capacity to transfer her property and other gifts to one of her attorneys; (ii) if P lacked capacity to do so, whether that decision was in her best interests; and (iii) whether the LPAs should be revoked. Ben was instructed to appear at a two-day trial dealing with retrospective capacity.
Re. CMS [HHJ Lopez] 2020
Ben was instructed by the Public Guardian in proceedings which concerned whether or not P had capacity to execute LPAs for property and affairs and health and welfare. The Public Guardian was successful in having the LPAs revoked, and P’s daughter appointed deputy to manage P’s property and affairs.
Re. BAB [HHJ Godwin] 2020
Ben was instructed by the Public Guardian in proceedings which concerned, among other things, allegations as to the mismanagement of P’s funds.
Re. HC [HHJ Evans-Gordan] 2019
Ben was instructed by the Public Guardian in proceedings where P’s estate was the subject of three trusts. There were issues pertaining to the validity of an LPA, and allegations that the certificate provider was an employee of the donor.
Re. PMM [HHJ Rowland] 2019
Ben was instructed to represent the daughter of P in resisting an application to displace a panel deputy and appoint her sister as deputy to manage P’s property and affairs. Ben succeeded in resisting the application.
Re. MEH [DJ Glassbrook] 2019
Ben was instructed by the daughter of P in a final hearing where there was a dispute as to who should be appointed deputy in order to manage P’s property and affairs. Ben successfully negotiated an agreed way forward where both siblings were appointed joint and several deputies according to the terms of a bespoke deputyship order.
Recommendations
“Ben is excellent when dealing with emotional and difficult parties and clients and is adept at taking the heat out of the situation and enabling productive inter-party discussions. I find Ben very responsive and he is able to respond to queries and questions in short order. He pays attention to the detail, doesn’t miss anything and his drafting is excellent.”
Legal 500 2022
Reported Cases
DA v EP and Ors [2020] EWCOP 74
Ben was instructed in a long running welfare application on behalf of a local authority which culminated in a five-day trial to determine P’s best interests in February 2020. Issues included P’s care and support, residence and contact with others. Other issues included the appointment and powers of a professional health and welfare deputy (a solicitor) to make decisions on behalf of P.
Re GA (challenge to standard authorisation) [2020] EWFC B67
Ben was instructed by the Official Solicitor on behalf of P. Issues included a previous risk of P being unlawfully moved out of the jurisdiction and being overmedicated. Ben appeared at the final three day contested hearing, where a bespoke placement was ordered to be in P’s best interests in terms of her residence and care. A complex transition was overseen by the court. The CCG instructed Leading Counsel.
Awards
BPTC Scholarship: The William Shakespeare Memorial Award, Gray’s Inn
BPTC Scholarship: BBP University
Foundation Scholarship, Pembroke College, Cambridge
College Prize, Pembroke College, Cambridge
Winner of the Brick Court Team Moot, University of Cambridge (2015)
Finalist in the Quadrant Chambers’ Fledglings Moot Competition, University of Cambridge (2015)
Memberships
The Honourable Society of Gray’s Inn
Ecclesiastical Law Society
Qualifications
M.A. (Cantab.) Law [First Class]

Latest News & Publications

The client was appealing a decision of the Disclosure Barring Service (DBS) to include his name on the Children’s Barred List...

Date: Wed, 12 May 2021
The Social Care Institute for Excellence (SCIE) has recently published guidance (July 2020) which aims to help people across social care and health settings apply the best interests decision making framework contained in the Mental Capacity Act 2005 for or on behalf of people who lack capacity in the context of the COVID-19 pandemic....

Date: Tue, 28 Jul 2020
In R (on the application of EG) v The Parole Board of England and Wales and Secretary of State for Justice [2020] EWHC 1457 (Admin) the High Court held that the Parole Board Rules 2019 contain a power for the Parole Board to appoint a litigation friend to act on behalf of prisoners who lack capacity to conduct their parole review....

Date: Mon, 15 Jun 2020