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 X (2015 -2016): 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).
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