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This content is provided by Francesca P. Gardner
Francesca is a specialist in all areas of mental capacity and mental health law. Francesca’s practice encompasses all areas of Court or Protection work, including welfare disputes, serious medical treatment and property and affairs matters. Francesca receives regular instructions from individuals, the Official Solicitor, local authorities, NHS bodies and care homes. Francesca regularly acts in complex welfare proceedings and has a particular interest and experience in cases involving: cross border placements and disputes (with particular interest in cross border placements from Scotland); children and deprivation of liberty; the international protection of adults (for example, Francesca has recently been instructed to advise on cases involving Japan, Kenya and the United States of America); cases involving both welfare and financial disputes; and safeguarding vulnerable adults within the Inherent Jurisdiction of the High Court.
Francesca's practice is unique in that Francesca specialises in Health & Welfare and Property & Affairs within the Court of Protection. Francesca'a property and affairs practice regularly involves advising on issues relating to: the scope of the role of a financial deputy, lasting powers of attorney; statutory wills and financial abuse.
Francesca also has extensive experience in Mental Health Law, including representing patients before the First- Tier Tribunal and Nearest Relative Displacement Proceedings. Francesca has extensive experience in cases concerning the interface between the Mental Health Act 1983 and the Mental Capacity Act 2005.
Francesca also has a particular interest in and regularly advises on matters of social care charging, with a particular focus on debt recovery.
Bar Vocational Course- BPP Law School- 2009
Grays Inn Member of the North Eastern Circuit Court of Protection Practitioners Association – Committee Chair (Yorkshire & Humber)
The Cold Front: Private Client Advisor
Support Network: litigation friends- Private Client Advisor
A selection of the cases Francesca has recently been instructed are set out below:
B-v-a Local Authority  EWCA Civ 93
Re B (Capacity: Social Media: Care and Contact)  EWCOP 3
SR v A Local Authority &Anor  EWCOP 36
The Hospital Trust v V & Ors  EWCOP 20
AG, Re  EWCOP 37 (6 July 2016)
SAD & Anor v SED  EWCOP 3
LCC v J K  EWCOP 59
NCC v TP (Capacity of TP)  EWCOP B3
NCC v TP  EWCOP B4
NCC v TP (Best Interests)  EWCOP 61
IH (Observance of Muslim Practice)  EWCOP 9 (12 June 2017)