Court of Protection: Health & Welfare
All Circuits
1 year ranked
Provided by Doughty Street Chambers
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.
COPPA
CPBA
ALBA
JUSTICE
The Honourable Society of the Inner Temple
“Capacity, decision making, and the interplay with alcohol and substance abuse” (co-authored with Anogika Souresh), October [2023] Fam Law 1202
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
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
Duke of Edinburgh Entrance Scholarship (1999)
Inner Temple BVC Award (1999)
Inner Temple CPE Award (1998)
Provided by Chambers
Rachel Baker is a highly experienced Court of Protection practitioner with the ability to handle a broad range of matters involving issues of capacity, matters of 'best interests' and living arrangements, among numerous others. She is very well-versed in cases under the Mental Health Act 1983 and is sought by a wide array of parties including local authorities, family members and the Official Solicitor.
Provided by Chambers
An outstanding, diligent advocate.
Rachel is excellent. She is quick to grasp the key issues and is a forceful advocate.
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