Ian Brownhill

Viewing: Court of Protection for Ian Brownhill

Ian leads No5’s Court of Protection team alongside Adreeja Chatterjee. He is the Deputy Head of the Public Law Group at No5.
Ian often acts in complex health and welfare cases, most regularly on behalf of, ‘P’. In the last twelve months he has regularly appeared in Tier 3 (High Court) Court of Protection cases instructed by the Official Solicitor on P’s behalf, as both as a led junior and a junior alone. He is currently acting in a serious medical treatment case, without a leader, against Queen’s Counsel.
The majority of Ian’s Court of Protection work has a safeguarding aspect. In particular, Ian’s cases often feature: (i) allegations that P is the victim of physical, sexual or financial abuse; (ii) an assessment that P themselves it at the risk of offending; (iii) concerns that P has been radicalised, brainwashed, trafficked or groomed.
When he is not acting on P’s behalf, Ian is regularly instructed by NHS Bodies, both CCGs and hospitals as well as private care providers. A number of Local Authorities instruct Ian, in particular in cases with a complex safeguarding issue, or where there is an intersection with another jurisdiction, often, the criminal court.
The clear majority of Ian’s property and affairs work surrounds the financial abuse of vulnerable adults. Ian regularly appears in cases involving the operation of LPAs, EPAs and Deputyships. In addition, Ian has dealt with cases involving statutory will applications. He often appears on behalf of the Public Guardian.
In addition, Ian appears in applications in the Family Division of the High Court relating to the inherent jurisdiction of vulnerable adults, judicial reviews with regard to the treatment of vulnerable adult prisoners and inquests involving the deaths of vulnerable adults. Ian has also advised the CQC on prosecutions relating to deaths in care settings.
Recommendations
“He’s a real rising star in the Court of Protection – he’s always really responsive, is very skilled in cross-examination and he’s easy to work with.” “Ian’s drafting and advocacy is always so concise.”
Chambers UK 2019
Notable Cases
Health and welfare
Re: L, High Court (Tier 3) Keehan J
Junior alone acting for the applicant Local Authority in respect of restrictions imposed on P’s internet access where he has an extant criminal sentence and sexual harm prevention order.
Re: E, High Court (Tier 3)
Junior alone acting for P by his litigation friend the Official Solicitor in a case involving allegations of religious coercion.
Re: J, High Court (Tier 3), Roberts J
Led junior with Parishil Patel QC acting for P by his litigation friend the Official Solicitor in a case involving the interplay between concepts of consent to sexual intercourse between the MCA and the criminal law.
Re: KP, Bristol Combined Court (Tier 2), HHJ Marston
Led junior with Amanda Weston QC acting for P by her litigation friend the Official Solicitor in a complex case involving multiple jurisdictions.
Re: RB, High Court (Tier 3), Roberts J
Junior alone acting for a family member where questions were raised as to P’s capacity to consent to sexual relations and the validity of an arranged marriage
Re: ZLJ, Wolverhampton County Court (Tier 2), HHJ Lopez
Successfully defending Local Authority in section 21A application regarding high functioning professional who was objecting to his placement in a residential care setting.
Re: J, Birmingham County Court (Tier 2), HHJ Rowland
Acting for a hospital where there was a conflict between the Official Solicitor, a CCG and family members as to whether P had capacity to make decisions as to her residence and care. Successfully argued that there was no evidence that P lacked capacity in those domains.
Inherent jurisdiction
RE SW, Family Division of the High Court, Parker J
Defending application to limit the contact between a couple where the vulnerable adult’s partner was accused of sexual offending.
RE DD, Family Division of the High Court, Keehan J
Defending application to limit the contact between family members where there were allegations of radicalisation.
Judicial review
R (on the application of EG) v (1) Parole Board, (2) Secretary of State for Justice
Led junior with Caoilfhionn Gallagher QC acting for EG by his litigation friend the Official Solicitor in judicial review challenge of arrangements for prisoners who lack capacity to conduct their parole proceedings
R (on the application of Goldsworthy) v Secretary of State for Justice [2017] EWHC 2822 (Admin)
Successful judicial review and damages award for life sentenced offender unlawfully recalled to prison for challenging behaviours in a residential care home.
Property and Affairs
OPG v TW, [2016] EWCOP 18
Acting for the OPG in an application to remove LPAs where family had longstanding history of discontent and upset.
OPG v L
Successfully acting for family member following an application to remove her as an EPA due to financial impropriety of another attorney.
Appointments
Her Majesty’s Assistant Coroner for Kent
Equality and Human Rights Commission’s panel of counsel
Pupil Supervisor
Memberships
Prisoners’ Legal Rights Group
Amicus ALJ
Association of Regulatory and Disciplinary Lawyers
International Lawyers Network (Avocats Sans Frontieres)
Qualifications
BA Hons (Oxon), Jurisprudence, Lincoln College, Oxford.
BVC College of Law
Scholarships
Hardwicke Entrance Scholarship, Lincoln’s Inn
Tancred Student, Lincoln’s Inn
Shelford Scholarship, Lincoln’s Inn

Latest News & Publications

An inquest saw No5 barrister Ian Brownhill represent the mother of a prisoner who died...

Date: Thu, 11 Jul 2019