Sydney Chawatama

Court of Protection

In the mental health field, Sydney has represented patients and Trusts before the Mental Health Review Tribunal (FTT). He has appeared in County Court and High Court mental health cases, including judicial review in the landmark case of TTM in the Court of Appeal.

He has developed his Court of Protection practice with regular appearances in the High Court in health and welfare cases, including several reported cases. Has received instructions from Trusts, local authorities, families and the Official solicitor on behalf of P. Issues on which he is instructed include capacity, residence, contact with relatives, deprivation of liberty and consent to treatment.

Selected Cases

• Re A (2022): Application in respect of serious medical treatment before the President of the Court of Protection. P, who was detained under the Mental Health Act, refused to the insertion of a PEG tube so he could receive adequate nutrition and hydration. He was at real risk of aspiration from his NG tube. Application approved.
• Re S (2020): Section 21A challenge to standard authorization for a DoL as S continuously objected to his placement.
• Re E (2019): Instructed by NHS Trust in a serious medical treatment case to implement a treatment plan following a diagnosis of breast cancer, which P had rejected, but which would prevent the spread of cancer.
• Re C (2019): Section 21A challenge to standard authorization of a DoL on substantive ground that the current accommodation was not in P’s best interests.
• Re B (2019): Represented Clinical Commissioning Group (CCG) in proceedings to determine residence following alleged delay by responsible CCG.
• Re J (2018/19): Instructed by Local Authority in Judicial Review followed by COP application to successfully secure supported living accommodation on behalf of P.
• Re M (2017):  Application by LA following concerns raised by P’s siblings regarding his mental capacity, living arrangements, physical health and well-being, and alleged undue financial influence from unrelated alleged carers.
• Re B (2017): Instructed by Trust in application by Local Authority for the court to decide appropriate placement for a 17 year-old detained under s.136 of the MHA 1983 in an adult mental health unit.
• Re X (2015/16): living arrangements and spousal contact. P had a deterioration cerebral palsy. Various hearings at COP at Oxford.
• Re WK (2014): FTT, section 37/41 MHA.
• Re PP (2014): FTT. Section 37 MHA. Successful challenge to diagnosis of mental disorder by patient.
• Re BS (2013): FTT. Section 47/49 MHA.
• Re SB (2013): decision by a patient detained under the MHA to terminate pregnancy.
• PH v CC & Ors, COP, Baker J (2012): (Various hearings.
• B v Tees, Esk & Wear Valleys NHS Foundation Trust (2012): FTT.
• D v Tees, Esk & Wear Valleys NHS Foundation Trust (2012): FTT.
• Re TTM (2010): Collins J. Judicial Review hearing (3 days) following on from Habeas Corpus application below.
• Re TTM (2009): Admin Court, Burton J, 10 February. Application for writ of Habeas Corpus. Challenge based on alleged lack of consultation of nearest relative in sectioning process by social worker.
• Re JN (2009): sectioned patient declining to consent to urgent surgery for abdominal cancer. Various hearings in the High Court (COP).
• Re DU. [2009] EWHC 3504 (Fam).
• Re M. Sterilisation. COP, Mrs Justice Eleanor King (2008).
• The NHS Trust v A (a child) & Ors [2007] EWHC 1696 (Fam).