Deans Court Chambers

Expert legal advice and advocacy, delivered by an outstanding team of Queen’s Counsel and barristers.

Adrian Francis

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Adrian Francis - Deans Court Chambers

Specialisms

Education

  • University of Liverpool (BA Hons)
  • College of Law Chester

Appointments

  • Northern Circuit

Professional Associations

  • Law Society
  • Gray's Inn
  • Court of Protection Practitioners Association
  • Royal Society of Medicine - Senior Associate

Profile

Prior to transferring to the bar Adrian had over 12 years post qualification experience as a practising solicitor. Adrian is an experienced advocate in all matters that arise before the Court of Protection, County Court, HM Coroner Inquest, Mental Health Tribunal & Care Standards Tribunal.

As an experienced and specialist adult social care lawyer Adrian has significant experience advising public bodies & private clients on both the papers and before the courts. Having acted for local authorities & NHS bodies nationwide before the Court of Protection for over a decade as both the respondent and applicant in both health and welfare and property and affairs proceedings he is well versed in protecting the positions of local authorities & NHS bodies in legal disputes which arise. Further as a former member of the law society's mental health tribunal panel of solicitors Adrian has experience in representing both local authorities and private clients before the mental health tribunal. A second language welsh speaker Adrian has an in depth knowledge of adult social care legislation applying to both England & Wales.

With an emphasis and specialist expertise in financial recovery for public bodies he has previously obtained successful determinations by the Secretary of State for Health in ordinary residence disputes between local authorities. Adrian is also instructed by local authorities in care home fee recovery matters with an emphasis on disputes involving complex deprivation of capital issues often involving asset protection trusts.

Court of Protection

Expertise in obtaining successful outcomes for local authorities in health and welfare proceedings on a nationwide basis these cases often involving the Official Solicitor acting as the litigation friend of last resort. Recent applications conducted included applications in relation to contact, residence, care and treatment. Adrian had conduct of the litigation in the reported case of WC v GS (2011) EWHC 2244 (COP).

Community Care Law

Experience of claimant and defendant judicial review litigation on behalf of numerous public bodies involving the Care Act 2014 and in particular in the successful defence of local authorities in legal challenges to the reduction of packages of care.

Ordinary Residence & s117 aftercare funding disputes

Successful applications to the Secretary of State for Health on behalf of local authorities in ordinary residence disputes which resulted in the recovery of significant care costs.

Deprivation of Liberty

Experienced in the representation of local authorities as the respondent in proceedings brought before the Court of Protection pursuant to s21A Mental Capacity Act 2005. Adrian is also instructed by respondent local authorities to deal with breach of Article 5 ECHR claims for any unlawful deprivation of liberty.

Deprivation of Liberty in the community

Significant experience of applications before the Court of Protection to authorise any deprivation of liberty in the community. Conduct of the litigation on behalf of a local authority involving several matters which were joinder into the Court of Protection reported matter of - Re X and Ors (Deprivation of Liberty) [2014] EWCOP 25

Elderly Client & Property and affairs

Experience of appearing before the Court of Protection in applications for deputyship for property and affairs, contested LPA's & statutory wills.

Mental Health Law

Representation before the Mental Health Tribunal on behalf of local authorities and patients in addition to applications to displace the nearest relative on behalf of local authorities.

Care Home Fee Funding

To include advice on NHS continuing health care funding applications and factors which may constitute a deprivation of capital. Experience of applications to the county court for the recovery of care home fees on behalf of local authorities involving deprivation of capital by way of asset protection trusts and lifetime gifts.

Safeguarding

Significant safeguarding experience to include representation of local authorities and NHS Clinical Commissioning Groups at serious case reviews. Also the safeguarding of an NHS Trust on a whole trust basis. In addition to safeguarding matters which have involved the closure of care homes with the regulator the Care Quality Commission's involvement.

Inquests

Representation of local authorities at inquests to include Article 2 Inquests touching the deaths of persons in care homes.

Health & Social Care Integratrion

Previously advised local authorities on policy advice as to the integration of health and social care services and the delegation of functions via section 75 NHSCCA 2006. Also advice on contracting out of services to the private sector and the tendering for services.

Personal Injury

Representation of local authorities in matters surrounding the funding of high cost of packages of care and double recovery issues when monies recovered for the future cost of care are held in personal injury trusts.

Experience of representing claimants in personal injury and clinical negligence experience to include litigated fast track and multi track RTA / EL & PL matters.

Education Law

Advice to schools also to admissions and exclusion appeal panels on behalf of the local authority.

Child Protection

Defendant judicial review litigation experience on behalf of several local authority's to include the defence of claims for failure to accommodate pursuant to the Children's Act 1989. Also conduct of litigation experience as a solicitor for a large metropolitan local authority in care proceedings for supervision orders, emergency protection orders, care orders, placement orders & adoption orders.

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