Benjamin Harrison

Viewing: Court of Protection for Benjamin Harrison

Ben has a broad and very busy Court of Protection practice. He accepts instructions in both property and affairs, and health and welfare matters. He was supervised by Ian Brownhill during pupillage.
Ben is instructed by the Official Solicitor, RPRs, local authorities and family members in section 21A and section 16 proceedings under the Mental Capacity Act 2005. He has been involved in complex proceedings dealing with fluctuating capacity as well as proceedings where the jurisdiction of the Family Court and the Court of Protection meet.
He is frequently instructed by the Public Guardian where concerns over the operation/execution of Lasting Powers of Attorney have been raised.
Ben is also instructed to appear in proceedings under the Mental Health Act 1983 in order to displace Nearest Relatives.
In addition, Ben has experience drafting grounds invoking the High Court’s inherent jurisdiction on behalf of local authorities in order to safeguard vulnerable adults who otherwise have capacity.
Ben is developing an advisory practice in 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. SW [Keehan J]
Ben was instructed by the Official Solicitor to appear in a directions hearing before Mr Justice Keehan. P was 16 years old and the subject of previous care proceedings in the Family Court, and 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 and Ors [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. GA [HHJ Pemberton]
Ben was instructed by the Official Solicitor to appear in a directions hearing in proceedings where there had been a previous risk of P being unlawfully moved out of the jurisdiction. The matter had been restored to court by the applicant CCG when it transpired that P had been overmedicated in her placement. The applicant CCG instructed Leading Counsel.
Re. RP [HHJ Clayton]
Ben is instructed in a welfare application under the Re X procedure on behalf of a local authority. Ben is retained to conduct the five-day final trial which will determine P’s best interests. P is represented by the Official Solicitor, who has instructed Leading Counsel.
Re. CW [HHJ Lusty]
Ben is instructed by a local authority in section 16 proceedings where P has a diagnosis of Prada Willi syndrome and there is reason to believe that her capacity is fluctuating. Ben assisted to negotiate a trial period home for P during a round table meeting, which included provision for 24-hour support coupled with considerable restrictions.
Re. KP [HHJ Marston]
During pupillage Ben assisted Ian Brownhill (who is led by Amanda Weston QC) to represent P, by her litigation friend the Official Solicitor, in complex proceedings involving multiple jurisdictions, including the Children Act 1989 and the Mental Health Act 1983.
Re. CC [HHJ Rogers]
Ben is defending a Local Authority in section 21A proceedings where the issues include (i) whether DOLS requirements have been properly complied with and (ii) where P seeks an interim trial home. P is represented by the Official Solicitor, who has instructed Leading Counsel.
Re. GT [HHJ Harris]
Ben successfully defended a local authority in section 21A proceedings where P, through his litigation friend the Official Solicitor, sought a trial home and explored a move of placement due to a poor CQC rating.
Re. LC [HHJ Reece]
Representing LC, by her litigation friend and RPR. Ben successfully resisted attempts to displace LC’s litigation friend and engaged in mediation to build trust between the parties.
Re. TT [HHJ Lopez]
Ben has been instructed by the Official Solicitor in directions hearings where there are apparent issues of fluctuating capacity and safeguarding allegations which will be the subject of a fact-finding hearing.
Property and Affairs
Re. HC [HHJ Evans-Gordan]
Ben was instructed by the Public Guardian in proceedings where P’s estate is the subject of three trusts. Ben persuaded the parties to consent to the appointment of a panel deputy to report on the estate. There were also issues pertaining to the validity of an LPA, where allegations have been raised that the certificate provider was an employee of the donor.
Re. PMM [HHJ Rowland]
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. PFM [HHJ Clayton]
Ben was instructed by the Public Guardian where the issues included reason to believe that (i) P lacked capacity to execute the extant LPA, (ii) the certificate provider requirements had not been met, and (iii) that there had been financial mismanagement of P’s estate.
Re. PFM [DJ Glassbrook]
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 deputyship order which Ben drafted.
Re. JL [DJ Baddeley]
Ben was instructed by the Public Guardian in a dispute resolution hearing. He successfully negotiated an agreement that it was in P’s best interests for a panel deputy to be appointed to manage her property and affairs.
Re. MR [DJ Eldergill]
Ben was instructed by the Public Guardian in proceedings where there were doubts that P had capacity to execute the extant LPAs. Social services were struggling to make contact with P to ensure her welfare. Consideration was given as to the use of the Court of Protection’s power to attach a penal notice to ensure that P’s capacity could be assessed inter alia.
Awards
BPTC Scholarship: The William Shakespeare Memorial Award, Gray’s Inn
BPTC Scholarship: BBP University
Foundation Scholarship, 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
Publications
Ecclesiastical Law (OUP, 4th ed.)
March 2018
“Ecclesiastical Law” by Mark Hill QC, has established itself as the leading authority on the laws of the Church of England. In this fourth edition, Ben co-authored two Chapters: chapter 3 (“The Parish”) and chapter 6 (“Clergy Discipline”). Other co-authors for this volume include Professor Norman Doe and Matthew Chinery).
The Jackson Reforms and the future of access to justice: an examination (LexisNexis Future of Law Blog)
13 June 2018
An article examining the current climate of access to justice in light of the Jackson reforms, and analyses what the future holds when it comes to extending the rule of law.

Latest News & Publications

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