Katharine Scott

“She is brilliant; she is very good at picking through points of law and cases that involve tricky mental capacity issues, and her written work is very good.” “A talented barrister who is sensitive when navigating cases and has a real gift for knowing how to pitch issues. She is an extremely reliable pair of hands.” “She’s personable, easy to work with and knows her stuff inside out. She’s also very practical and reassuring.” Chambers and Partners 2020. 

Katie has extensive experience in the Court of Protection and the High Court (when the inherent jurisdiction is invoked) in disputes concerned with the health, welfare, medical treatment and finances of incapacitated adults. She also acts in medical treatment disputes concerning children.

Cases of note

• Re Y [2018] UKSC 46 - The case which established there is no obligation to bring cases concerned with the withdrawal of life-sustaining treatment for those with a prolonged disorder of consciousness before the court in the event of agreement that withdrawal is in the P’s best interests.
  Judgment
• PW v Chelsea and Westminster Hospital NHS Foundation Trust and Others [2018 EWCA Civ 1067 - A case concerning permission to appeal a “best interests” decision and transparency order concerning a patient with end-stage dementia.
  Judgment
• Re X (deprivation of liberty) [2015] EWCA Civ 599 - A case in which the Re X procedure for those deprived of their liberty outside the statutory scheme was designed. 
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• Avon and Wiltshire Mental Health Partnership v WA & Anor [2020] EWCOP 37 - A case concerning novel points about the best interests decision, when the court found the patient had capacity to litigate, but not capacity to make decisions about their medical treatment.
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• United Lincolnshire Hospitals NHS Trust v CD [2019] EWCOP 24 - A case which established the court’s ability to make contingent declarations under the Mental Health Act 1983 (MCA) in respect of CD, who at the time of the hearing had capacity to make decisions about her obstetric care. Followed in numerous subsequent cases.
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• An NHS Trust v CV, C NHS Trust, D NHS Trust CX (through his Children’s Guardian) [2019 EWHC 3033 (Fam) - A case in which the court considered the provision of medical treatment to a ‘Gillick competent’ child.
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• NHS Trust v JP [2019] EWHC 1672 (COP) - A case in which the court considered the appropriate treatment plan for the delivery of JP’s baby, including the administration of a general anaesthetic to her in the community.
  Judgment

Katie is currently instructed as one of the junior counsel to the Infected Blood Inquiry, an independent inquiry chaired by Sir Brian Langstaff. 

She also undertakes other investigatory work, including an investigation on behalf of a hospital trust into whether their chief executive is a fit and proper person pursuant to the Health and Social Care Act 2008 (Regulated Activities) Regulations 2014.

Katie has extensive experience of public law in the field of mental health and community care. As well as appearing at First-tier Tribunals and the administrative court, she has also brought and defended claims in the County Courts and High Court concerned with charges under community care legislation and for restitution.

Katie advises and represents a variety of claimants and defendants in human rights claims, including claims for breaches of articles 2, 3, 5 and 8 of the Human Rights Act 1998 (HRA). She has a particular interest in human rights claims that arise in a clinical context. 

Katie also accepts instructions for inquests, particularly those invoking article 2 of the European Convention on Human Rights, and specialises in deaths in hospital. 
Katie is an accredited mediator. She mediates a wide range of disputes, with a focus on disputes concerning incapacitated adults.

Cases of note

• Southend-on-Sea Borough Council v Meyers [2019] EWHC 399 (Fam) - A case in which the court examined the availability of the inherent jurisdiction to protect an elderly man from the neglect of his son.
  Judgment
• Richards v Worcestershire County Council and another [2017] EWCA Civ 1998 - A claim for restitution arising from section 117 of the Health Act 1983.
  Judgment

Katie is an accredited mediator. She mediates a wide range of disputes, with a focus on mediating disputes concerning incapacitated adults. She conducts mediations both remotely (by phone and by video) and in person. 

Katie has extensive experience of public law in the field of mental health and community care. 

Katie advises and represents a variety of claimants and defendants in human rights claims, including claims for breaches of articles 2, 3, 5 and 8 of HRA. She has a particular interest in human rights claims that arise in a clinical context. 

Katie also accepts instructions for inquests, particularly those invoking article 2 of the European Convention on Human Rights, and specialises in deaths in hospital.