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Clare is an eight years PQE associate based in the Nottingham office (but works for clients nationally) who, before joining the firm, spent three years at a large local authority advising on all aspects of Adult Social Care.
Clare specialises in health advisory work dealing with complex Court of Protection cases and representing NHS Trusts at inquests. Clare has also represented Trusts at Mental Health Tribunals and Local Authorities in the Civil Courts on applications relating to the appointment and displacement of nearest relatives. Many of the Court of Protection cases which Clare has worked on involved an overlap between MHA and MCA. Clare has acted in several inquest cases where either the deceased was detained under MHA or was receiving psychiatric care at the time of their death.
Clare has advised and represented local authorities, NHS Trusts, CCGs and independent health and social care providers in both COP and inquest matters. She regularly acts jointly for public bodies and advises on the remit of each of their roles as well as the impact of practical issues in COP proceedings, such as management of P’s finances, on discharge planning.
Her work includes deprivation of liberty safeguards, mental capacity, mental health, judicial review and treatment decisions.
Making an ex parte application within COP applications to not disclose information to a party which would prejudice an ongoing police investigation.
Advising a LA on the authorisation of a Dol in an unregulated placement for a 16yr old due to no other available placements.
Represented a Trust at pre-inquest hearing where P was detained under MHA and receiving ECT up until shortly before their death.
Advising a trust on a delayed discharge of a child and representing them in connected childcare proceedings.
It is important to bear in mind the legal framework when planning discharge and conveyance plans but practicalities are also key.