UK Bar
Career
Rachel Baker is an experienced advocate with a well-established reputation for excellent client care and clear, persuasive advocacy. With over two decades of experience across a broad range of jurisdictions, she brings a robust yet collaborative approach to her work and is widely recognised for her ability to guide clients through highly sensitive and complex matters with confidence and compassion.
Rachel is ranked in both the Legal 500 and Chambers & Partners for her Court of Protection work. She is regularly instructed by, amongst others, the Official Solicitor, public bodies, Deputies and family members in cases spanning the range of issues that come before the court including serious medical treatment cases, capacity disputes, and deputyship disputes.
Rachel also acts for a range of Interested Persons at inquests, including those engaging Article 2 and involving state responsibility.
Rachel has an expanding practice in mental health, education and community care law, and has been instructed on behalf of both public bodies and private individuals in such cases both for her advisory work and advocacy at hearings.
During her career, Rachel has held various paid and voluntary positions including appointment as Associate Lecturer in law for the Open University and acting as a charitable Trustee. She returned to full time practice at the Bar in 2016. Rachel’s diverse professional background, coupled with her own experience of caring for children with additional needs, enriches her understanding of the different nuances and angles in a case and the particular skills required when undertaking cases involving vulnerable individuals and their families.
Rachel is currently a Board member for a local Community Interest Company supporting parents of autistic children and young people, and within the professional sphere she has a particular interest in cases involving the interplay between autism and mental health and capacity issues.
Professional Memberships
COPPA
CPBA
ALBA
JUSTICE
The Honourable Society of the Inner Temple
Publications
“Capacity, decision making, and the interplay with alcohol and substance abuse” (co-authored with Anogika Souresh), October [2023] Fam Law 1202
Industry Sector Expertise
Court of Protection & Mental Health
Rachel appears regularly in complex and often urgent cases across the Court’s health and welfare and property and affairs jurisdictions, including:
Deprivation of liberty including community deprivation of liberty orders with high levels of restrictions
Capacity assessments, including consideration of fluctuating and anticipatory capacity issues
Serious medical treatment cases
Cases involving a transition from Children’s Services to Adult Social Care
Property and Affairs disputes including arguments about the validity of LPAs, safeguarding issues and Deputyship applications
Rachel has extensive, and established, experience in civil litigation and in particular personal injury, property, housing and contract law. She is ranked in the Legal 500 for her property work and continues to undertake some civil work. Her knowledge and expertise, both with regards to the substantive law but also with regards to civil procedure, complements her Court of Protection practice. This is particularly so with regards to her property and affairs practice where her understanding of civil law and procedure is highly valued by clients, and also with regards to the serious medical treatment cases she is instructed in where her background in personal injury will often be of assistance.
Rachel is widely praised for her sensitivity when working with vulnerable individuals and her ability to balance a firm and strategic litigation approach with collaboration where it best serves the client.
Rachel acts for P (through the Official Solicitor and Accredited Legal Representatives), public bodies, statutory agencies, Deputies and family members. She has a particular interest in cases affecting neurodivergent individuals and how the Court can better identify, support, and promote their rights and best interests.
Rachel also accepts instructions in relation to the Mental Health Act 1983, including applications by detained patients and applications to displace nearest relatives
Inquests
Rachel accepts instructions to represent all Interested Persons at inquests including families, public bodies, and individuals. Her compassionate approach, thorough preparation, and clear advocacy make her particularly well-suited to the coronial process and is greatly appreciated by both clients and instructing solicitors. Rachel’s expertise in the Court of Protection and mental health fields makes her particularly adept at navigating the evidence in inquests that touch upon social/health care, disability and mental health issues.
With her experience in civil and personal injury litigation, Rachel can advise on associated civil claims.
Rachel has experience in jury and Article 2 inquests and is experienced at supporting traumatised and vulnerable individuals to give the best evidence possible.
Community Care and Health Law
With regards to Community Care and Health Law, Rachel has been instructed on behalf of individuals including where damages claims are initiated on their behalf for unlawful deprivation of their liberty.
Rachel has also been instructed on behalf of local authorities, including in cases involving disputes over ordinary residence and responsibility for funding P’s care and support.
Education Law
Rachel has experience in representing parents and local authorities in hearings before the SENDIST (the First-Tier Special Needs and Disability Tribunal) where her compassionate and collaborative approach is particularly valued by Panels and other parties alike.
Education
Bar Vocational Course, Very Competent – College of Law (2000)
2000
Common Professional Examination (PgDL) – City University London
1999
BA (Econ), First Class Jt Honours (Politics & Social Policy) – The University of Manchester
1998
Awards
Duke of Edinburgh Entrance Scholarship (1999)
Inner Temple BVC Award (1999)
Inner Temple CPE Award (1998)
Work Highlights
Selected Cases for Court of Protection & Mental Health:
A Local Authority v H [2023] EWCOP 4 – acted for the local authority in a case involving fluctuating capacity, deprivation of liberty, and risk of sexual harm
Re BM – represented family members in a property and affairs case involving LPAs and safeguarding concerns raised with the OPG
Re RM – instructed by the Official Solicitor in a case concerning the best interests of an individual placed in psychiatric care aged 9
Re CG – instructed in an urgent High Court application regarding withdrawal of life-saving medical treatment
Re Hickmott – represented the NHS Foundation Trust in a case concerning an autistic man detained under the Mental Health Act for over two decades
Re GM – acted for the spouse of a young man with life-changing injuries following a serious road traffic accident
Re ZE – instructed on behalf of P in a complex mental health case concerning options for treatment of P’s eating disorder
Selected cases for Inquests:
Two-week jury inquest into the death of a young man who sustained fatal injuries shortly after release from police custody and where his mental health was not adequately assessed
Two-week jury inquest into the death of a man who suffered a heart attack weeks after receiving the Moderna Covid-19 vaccine
Three-week jury inquest into the death of a man who died in custody on the substance abuse wing, having consumed a variety of illicitly obtained drugs
Inquest into the death of a womanat home following suspected carer-neglect
