Neil Allen

Year of call:
1999
Email:
neil.allen@39essex.com

Clerks:
+44 (0)20 7832 1111

“He has a thoughtful, analytical approach to cases and an amazing eye for detail. What he doesn’t know about deprivation of liberty isn’t worth knowing.”
Chambers & Partners 2014

With particular interests in human rights, mental health and incapacity law, Neil practises from Chambers, teaches undergraduate and postgraduate students, and delivers training to health, social care and legal professionals. In addition, he regularly publishes in books and journals and is Deputy Director of Manchester University’s Legal Advice Centre, and is also a Trustee for the mental health charity, Making Space.

Administrative & Public


“Intelligent and thorough, he offers an academic but accessible rights-based approach to complex welfare cases. He’s an excellent communicator.” Chambers & Partners 2015

Administrative Law

In the field of judicial review, advice and representation has been provided in respect of the following issues:

  • Unreasonable delay in the formulating of care plans for conditionally discharged patients and related Article 5 concerns;
  • Community care assessments for failed asylum seekers and related human rights issues;
  • Recall decisions by the Secretary of State in respect of conditionally discharged patients;
  • The impact of the direct payments scheme on the social/health care interface.

Mental Capacity Law

Most of his current practice is in the Court of Protection where is instructed on behalf of individuals, local authorities and health authorities. The proceedings involve many issues including:

  • Whether P’s liberty is restricted or deprived for the purposes of Article 5;
  • Whether liberty has been deprived in accordance with procedures prescribed by law;
  • The interface between the deprivation of liberty safeguards and the Mental Health Act 1983;
  • Procedural and substantive protection afforded by Article 8;
  • Best interests determinations in relation to various matters including care, residence, and contact;
  • Capacity determinations;
  • Tenancy issues arising from supported living arrangements;
  • Freedom of the press;
  • The appointment of deputies.

Mental Health Law

Advice has been given on a range of matters including:

  • The interface between the Mental Health and Capacity Acts;
  • Complex applications for discharge from high security hospitals;
  • Nearest relative displacement proceedings and correlated litigation friend issues;
  • Whether grounds exist to challenge tribunal decisions;
  • The legality of community treatment orders;
  • Community care assessments.

Cases

Re X (Deprivation of Liberty) [2014] E.W.C.O.P 25: established the streamlined procedure for judicial authorisations to deprive liberty.

P v Cheshire West and Chester Council; P and Q v Surrey County Council [2014] U.K.S.C. 19: meaning of “deprivation of liberty” in Article 5 ECHR.

A Local Authority v SY [2013] E.W.H.C. 3485: non-marriage declaration under the inherent jurisdiction; social workers can be eminently suited to provide evidence of incapacity in COP proceedings.

GA v Betsi Cadwaladr University LHB [2013] U.K.U.T. 280 (AAC): consent and community treatment orders.

P v M (Vulnerable Adult) [2011] E.W.H.C. 2778: emphasises the emotional component in the best interests analysis.

B (Deprivation of Liberty: Validity of Authorisation) [2010] E.W.H.C. 2508: guidance on procedural matters concerning the deprivation of liberty safeguards

G v E and Manchester City Council and F[2010] E.W.H.C. 621; [2010] E.W.H.C. 1115; [2010] E.W.C.A. Civ. 822; [2010] E.W.H.C. 2042; [2010] E.W.H.C. 2512: breach of Articles 5 and 8 ECHR; deputyship; costs; Winterwerp.

R. (L and Others) v Manchester City Council [2002] 1 F.L.R. 43: one of the first successful uses of the Human Rights Act 1998.

Recommendations


Recommended by Chambers & Partners 2015 for Court of Protection: Health and Welfare.

Quotes

“Intelligent and thorough, he offers an academic but accessible rights-based approach to complex welfare cases. He’s an excellent communicator.” Chambers & Partners 2015

“Very academic and extremely learned on the history of the law and its development. He is also fantastically approachable.” Chambers & Partners 2015

“He is highly respected by the Official Solicitor. He has a thoughtful, analytical approach to cases and an amazing eye for detail. What he doesn’t know about deprivation of liberty isn’t worth knowing.” Chambers & Partners 2014

Neil's Practice Areas:


Neil's Practice Areas


Call +44 (0)20 7832 1111 for more information

Barrister portfolio

Close

Click the + icon next to any barrister to add their profile to this portfolio.

BarristerCallCVEmail

3