Rachel Baker

Rachel is ranked as a “Leading Junior” in the Legal 500 2024 for her Court of Protection work.  In 2023 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 SDS: Acted for the local authority in a s16 application concerning parental objection to a residential placement involving multiple hearings and a contested final hearing
• 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 CG: Instructed by the local authority in an urgent hearing before the High Court regarding withdrawal of life-saving medical treatment
• 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

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.

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

Ranked as a “Leading Junior” in Property & Construction in the Legal 500 2024, 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’s practice includes fast- and multi-track commercial and contractual matters. She is able to advise at the pre-issue stage; to draft pleadings and to then assist the client through to trial.

At all stages her pragmatic approach aims to encourage clients to take a commercial approach to proceedings and to avoid, if possible, the costs and stress involved in litigation.

She is able to act for clients both in formal mediation as well as in “door of the court” negotiations aimed at securing a favourable outcome for her clients.

Rachel accepts instructions on behalf of insurance companies and local authorities as well as individuals.

Her experience in the criminal courts means not only that she is particularly adept at cross-examining those suspected of fabricating claims but also that she has ample experience of dealing with vulnerable and sometimes traumatised clients and witnesses who often need a particularly sensitive approach during the litigation process.

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