Mark has experience appearing in cases in the Court of Protection in both property and affairs and health and welfare matters. He regularly appears for both individuals and public authorities, including health boards and local councils. He is also instructed on behalf of the Official Solicitor to appear on behalf of the protected party.
In health and welfare cases, Mark regularly appears in cases involving deprivation of liberty and appropriate arrangements for care, residence and contact. Recent experience in property and affairs matters has included challenges to the exercise of powers of attorney, alleged financial mismanagement and the implementation of a statutory will. Mark’s past involvement in financial dispute resolution on divorce and contact and residence in a family law context provides invaluable insight when required to negotiate pragmatic solutions in such matters within the Court of Protection.
Mark’s work in other fields involving the liberty of the individual and their treatment whilst detained is of great relevance in Court of Protection health and welfare cases. His other areas of practice frequently bring him into contact with those affected by mental health or capacity difficulties, including challenges relating to the European Convention on Human Rights.
Mark also has considerable public law expertise, which assists when decisions require challenge by way of judicial review in the Administrative Court.
Mark is skilled in quickly establishing a rapport with lay-clients and displaying empathy for their situation, which is particularly important in cases involving the elderly or vulnerable to ensure they feel comfortable and a part of the court process.
Appearing on behalf of local authority in challenge to residence, care and contact arrangements for elderly person. Matter involved s21A DOLS issue and arguments on validity of Lasting Powers of Attorney on both health and welfare and property and affairs.
Appearing on behalf of Office of Public Guardian in bringing challenge to the legality of registration of LPA’s.
Appearing on behalf of Office of Public Guardian in application to revoke and cancel a registered LPA for property and financial affairs and to appoint a panel deputy. Actions of P’s relative suggested possible conduct in breach of duties under the Mental Capacity Act 2005 Code of Practice.
Appearing for P by way of Official Solicitor, bringing challenge to standard authorisation of deprivation of liberty for a very elderly female with severe cognitive deficit placed in Local Authority respite care.
Advising in potential application challenging a statutory will on behalf of father of mentally incapacitated child.
Representing the mother of P in a challenge to the local authority’s decision to remove P from her care following concerns over possible neglect.
Appearing on behalf of local authority in long-running proceedings involving residence and contact for P, a female with a diagnosis of autism and severe learning disability.
Representing P, a female with vascular dementia, paranoia/schizophrenia and learning disability, by way of the Official Solicitor. The proceedings ran as a s21A DoLS challenge and there was an issue as to whether proceedings should continue where wishes and feelings arguably suggested P was content in her placement, contrary to earlier expressions.
Representing the local authority in Mental Capacity Act proceedings in relation to P, a Polish national child, removed from the care of family. The involvement of the Polish consulate and potential provision of information by Polish statutory agencies raised complex issues.
Prince of Wales Scholarship from Gray’s Inn