Rachel Baker

Rachel is ranked as a “Leading Junior” in the Legal 500 2025 for her Court of Protection work.  She appeared in Mr Justice Hayden’s last reported case as Vice President.

She appears regularly before the Court in a range of proceedings within its jurisdiction and can also assist with both pre- and post-hearing conferences, Round Table Meetings and the drafting of applications.

Rachel’s knowledge of property litigation and personal injury law complements her Court of Protection work, as does her sensitivity and experience of dealing with vulnerable individuals. Rachel has also been commended by clients for taking a robust yet collaborative approach in hearings and RTMs.

Rachel has a particular interest and expertise in how the Court of Protection can protect and promote the best interests of neurodivergent individuals.

Rachel accepts instructions to represent litigation friends (including ALRs and the Official Solicitor), public bodies and family members.

Published Articles:

“Capacity, decision making, and the interplay with alcohol and substance abuse” (co-authored with Anogika Souresh) October [2023] Fam Law 1202

Selected Cases

• A Local Authority v H [2023] EWCOP 4: Acted for the local authority in a case concerning fluctuating capacity and deprivation of liberty regarding a trans individual deemed to pose a real risk of sexual harm to children
• Re BM: Instructed on behalf of family members in a Property & Affairs case concerning LPAs made by P and involving safeguarding complaints to the OPG
• Re RM: Instructed by the Official Solicitor in a case concerning the best interests of a 66-year-old individual placed in a psychiatric hospital by his parents aged 9
• Re CG: Instructed by the local authority in an urgent hearing before the High Court regarding withdrawal of life-saving medical treatment
• Re Tony Hickmott: Instructed by the NHS Foundation Trust in a case concerning an autistic man discharged from hospital 21 years after being sectioned under the Mental Health Act 1983
• Re GN: Instructed on behalf of the spouse in a case concerning a young man who sustained life-changing injuries in a serious road traffic accident

Rachel accepts instructions to represent all interested persons at inquests.  Her compassionate approach towards vulnerable individuals, coupled with her advocacy skills, thoroughness and professionalism are all well suited to the coronial process and greatly appreciated by instructing solicitors.

Rachel is experienced with jury inquests and in dealing with arguments regarding Article 2 and its application, including in cases involving multiple interested persons.

Rachel’s longstanding experience of personal injury litigation is particularly welcomed by solicitors instructed on behalf of family members, and her knowledge and understanding of the state’s obligations to vulnerable people, gained through her Court of Protection and Public Law work, is invaluable in inquests involving individuals who have died whilst under the care of the state or whilst in placements such as care homes.

An example of inquests Rachel has recently been instructed to appear at and/or advise with regards to:

• 2-week jury inquest regarding a young man who, shortly after release from police custody during which time his mental health was not fully assessed, sustained fatal injuries in a road traffic collision
• 2-week jury inquest regarding a male who died of a heart attack whilst working at height on a building site, within weeks of receiving the Moderna Covid-19 vaccination
• Inquest regarding elderly woman who died in hospital after care-home, and then hospital, staff had incorrectly administered her medication

Rachel’s practice includes education, local government, mental health law and community care.

She has experience in a range of tribunals and acts both for and against local authorities and the state (including the Police) which gives her practical, and invaluable, insight into the likely approaches and priorities of both sides in a dispute.

With regards to education law, Rachel accepts instructions to represent parties in civil claims and regulatory hearings as well as in the SENDIST and Upper Tribunals.  Rachel has a particular interest in special educational needs and the provision for neurodivergent individuals within the education system.

Rachel can also assist with general advice and document reviews

Ranked as a “Leading Junior” in Property & Construction in the Legal 500 2025, Rachel is instructed in a wide range of property law disputes.
Her robust yet sensitive approach is of particular value in such cases, where the individuals involved are often under an immense amount of stress.

Rachel acts for both landlords and tenants and also has extensive experience in matters concerning leasehold properties and service charges as well as cases involving Orders for Sale, boundary and right of way disputes.

In addition, Rachel’s experience in the Court of Protection is highly valued by solicitors dealing with cases involving incapacitous individuals.

Rachel accepts work from lay clients via Direct Access. You can view her profile here.