Hugh James advises local authorities on all aspects of their adult mental health obligations.
The team is headed by Mark Powell QC who sits as a Mental Health Tribunal Judge and has significant experience of mental capacity, mental health and adult protection work.
The team’s general advisory work extends to all aspects of health and social care drawing upon our wider experience of advising the Care Council for Wales and bringing proceedings on behalf of the Care and Social Services Inspectorate for Wales.
The largest single piece of advisory work undertaken by the team during 2015 was the provision of advice to a group of 13 local authorities on the application of the Care Act 2014 and its implication for their continued responsibilities to older people. This work involved the drafting of detailed documentation as well as detailed written advice.
Mark Powell has decided a number of significant public interest immunity matters when sitting as a Deputy High Court Judge. In addition to our experience of PII issues in the Adult Services field, we have significant PII experience in the Children’s Services and criminal prosecution fields. We are contracted as one of three providers of PII and disclosure advice to a quartet of local authorities in South West England.
We have significant experience of judicial review proceedings pertaining to the adult social services field. By way of example, we acted in three such cases during 2015.In each case the claims were successfully defended. The cases related to:
We regularly act for Welsh local authorities in contested court of protection matters. The team’s recent experience includes cases which cross boundaries into the team’s other specialist practice. By way of illustration, we applied for and obtained a Forced Marriage Protection Order on behalf of a young adult with limited capacity. Hugh James has a significant wider Court of Protection practice, acting as Deputy for many individuals without capacity and our Adult Services team is also able to draw on this experience when required.