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Ian Brownhill

“Ian is a brilliant advocate” Chambers and Partners 2024

Ian was awarded the Legal 500 Bar Awards junior of the year for Court of Protection and community care in 2023. He is one of the country’s leading specialists in mental capacity, medical treatment disputes and has a broad practice in public, human rights and regulatory law.

Outside of the Court of Protection, Ian advises and acts in safeguarding cases in respect of both adults and children. Sport, education and criminal justice issues feature frequently in his cases. Ian’s inquest practice often involves highly sensitive cases with a mental health element. 

Ian’s practice has crossed borders.Ian is frequently instructed by charities, non-governmental organisations (NGOs) and companies with an international reach, especially in respect of safeguarding matters. Ian has been instructed by, or worked alongside, lawyers from Scotland, the United States, Canada, the Crown Dependencies and British Overseas Territories.  

Ian was one of the first barristers to be ranked by Chambers and Partners for his work in respect of independent investigations. In addition, he is commissioned to provide training to statutory organisations and in the private sector.

Ian sits as HM Assistant Coroner for Kent, is a chair and member of the Football Association’s Safeguarding Review Panel and is Legally Qualified Chair and Hearing Body Panel Member for British Equestrian.
 

Court of protection and community care junior of the year

Areas of expertise

Court of Protection - Welfare

Ian has acted in Court of Protection cases at every level, including in the Supreme Court. Ian is instructed in the most serious cases which the Court of Protection hears, often before a Tier 3 (High Court) judge. Outside of his welfare work, Ian appears in serious medical treatment cases in respect of both adults and children. Ian is regularly instructed in cases against leading counsel as a junior alone. Ian’s work in this area is ranked by Chambers and Partners and The Legal 500.

Many of Ian’s welfare cases involve: 

  • physical, sexual or financial abuse,
  • a P who is assessed to be at risk of offending,
  • concerns that P has been radicalised, brainwashed, trafficked or groomed.

Cases of note:

  • Re G (Court of Protection: Injunction) [2022] EWCA Civ 1312 – Ian acted for the successful appellant in the Court of Appeal. This case establishes the approach and test for injunctions being granted by the Court of Protection.
    Judgment
  • A Local Authority v JB (by his litigation friend, the Official Solicitor) [2021] UKSC 52 - Ian acted for JB (by his litigation friend, the Official Solicitor) in the High Court, Court of Appeal and in the Supreme Court. This is the leading case as to how to approach the question of mental capacity in respect of sexual relations. Ian was led by Parishil Patel KC and John McKendrick KC within the course of the case. 
    Judgment
  • WU v BU [2021] EWCOP 54 - The Court of Protection granted a final injunction to prevent a man from contacting a woman and preventing their marriage. The man had exercised coercive control over her, deliberately intending to secure a financial benefit for himself. Ian was led by Parishil Patel KC.
    Judgment 
  • Greenwich RLBC v EOA [2021] EWCOP 20 - The court made declarations that the P lacks capacity to make decisions regarding foreign travel, contact with his family and others and social media and internet usage. Ian represented P who had been subject to extreme religious and anti-social indoctrination as well as emotional and physical abuse.
    Judgment
  • A Local Authority v GP (Capacity: Care, Support and Education) [2020] EWCOP 56 - The leading case as to the approach to be taken as to whether P is able to make a capacitous decision to accept or refuse care, support and education.
    Judgment
  • P (Court of Protection: Transparency) [2019] EWCOP 67 - Court of Protection proceedings in respect of a 25-year-old man who had committed sexual offences and was subject to a suspended sentence order. The judgment considers how concerns in respect of jigsaw identification should be considered in the transparency order.
    Judgment

Court of Protection - Property and Affairs

Ian has acted in Court of Protection cases at every level, including in the Supreme Court. Ian is in instructed in the most serious cases which the Court of Protection hears, often before a Tier 3 (High Court) judge. Ian is regularly instructed in cases against leading counsel as a junior alone. 

The majority of Ian’s property and affairs work is on behalf of deputies and often involves financial safeguarding issues. However, Ian has advised on a diverse range of cases from civil claims against attorneys to the purchase and adaptation of property. Ian has appeared frequently for the Office of the Public Guardian throughout his time in the Court of Protection.

Cases of note:

  • The Public Guardian v TW, KW, HF, SC [2016] EWCOP 18 - The approach to be taken in cases as to capacity to make decisions to revoke a lasting power of attorney.
    Judgment

Medical Treatment Cases

Ian has an established medical treatment practice in respect of both children and adults who lack capacity to make decisions as to their treatment. Ian has a particular interest in treatment decisions for prisoners and other detained persons. Ian is speaking at the 4th International Conference on End of Life and the Law in the United States in 2024 with a presentation on food refusal as a form of protest.

Ian has acted in a number of urgent out of hours medical treatment cases which have ranged from obstetrics to blood transfusions to limb amputation. Ian’s work in this area is ranked by Chambers and Partners and The Legal 500, he is described as having, “an encyclopaedic knowledge of CoP."

Cases of note:

  • East Suffolk and North Essex NHS Foundation Trust v DL [2023] EWCOP 47 – Acting for P, by her litigation friend, the Official Solicitor in respect of urgent treatment following food refusal.
    Judgment
  • Alder Hey Children's NHS Foundation Trust v D [2023] EWHC 2000 (Fam) – Acting for Alder Hey in an application for a declaration that it was in the best interests of a 14 year old to have active treatment withdrawn.
    Judgment
  • Nottingham University Hospitals NHS Trust v RL [2023] EWCOP 22 – Acting for the applicant Trust in respect of a life sentenced prisoner who was refusing food and responding to unseen stimuli. 
    Judgment
  • PH (By his litigation friend, the Official Solicitor) v Betsi Cadwaladr University Health Board [2022] EWCOP 16 - Various medical treatment decisions alongside complex welfare proceedings for a man with a long history of mental health difficulties.
    Judgment
  • University Hospitals of North Midlands NHS Trust v AS, M, F [2021] EWHC 2927 (Fam) - Application by hospital trust for determination as to what treatment is in best interests of four-year-old child suffering from Krabbe Disease, a life-limiting genetic disorder.
    Judgment

Administrative and Public

Ian has a broad Administrative and Public Law practice.

-- Civil Liberties and Human Rights

The majority of Ian’s civil liberties and human rights work revolves around the protection of the rights of disabled adults. However, Ian has a long history of acting for protestors, challenging restrictions placed on the press and protecting the rights of persons who are detained. 

Cases of note:

  • Shields-McKinley v Secretary of State for Justice [2019] EWCA Civ 1954 - The calculation of remand time following an extradition from an EU country (led by Philip Rule).
    Judgment
  • R (on the application of H) v Chelmsford Magistrates’ Court [2014] EWHC 2799 (Admin) - Judicial review of a Magistrates’ Court’s decision not to delete a person from the sex offenders register.
    Judgment
  • R v South [2014] EWCA Crim 1414  - Reduction of a sentence for violent offending due to the offender’s age.
  • Jukes v Director of Public Prosecutions [2013] EWHC 195 (Admin) - Whether participants in a protest march on which conditions under s12 Public Order Act 1986 were imposed were subject to conditions when they left the protest.
    Judgment

-- Education

Ian has been involved in university disciplinary matters since his time as an undergraduate. Today, Ian advises universities conducting investigations into disciplinary matters as well as representing students subject to those processes. Ian has acted in numerous investigations involving sexual misconduct in an education context.

Outside of student discipline, Ian has been involved in a number of civil claims and complaints especially in the independent school sector. In addition, Ian has been involved in governance disputes at maintained schools. Ian was a school governor for a number of years at three different academies.

Ian is at the cutting edge of education law cases where students lack capacity to make their own decisions as to their education.

Cases of note:

  • A Local Authority v GP (Capacity: Care, Support and Education) [2020] EWCOP 56 - The leading case as to the approach to be taken as to whether P is able to make a capacitous decision to accept or refuse care, support and education.

-- Inquests

Ian has acted as counsel in a huge variety of inquests. The majority of Ian’s inquests arise from custodial or health and social care contexts. Ian is especially sought where there are issues in respect of the deceased’s mental capacity. 

Ian is instructed by other coroners to act as counsel to the inquest and in respect of judicial review claims and fiat applications.

As a coroner, Ian has presided over a number of jury inquests and conducted the whole range of coronial work. Ian does not accept instructions in his coronial jurisdiction of Kent.  

Cases of note:

  • Inquest touching upon the death of GS - Inquest into the death of a man who died after the ambulance service failed to convey him to hospital while suffering from alcohol withdrawal. Prevention of future death reports were made by the coroner.
    Judgment
  • Inquest touching upon the death of Edward Ham - Inquest into a prisoner who died after receiving sub-optimal medical care.
    Media
  • Inquest touching upon the death of Phil Townshend - Inquest into the unexpected death of a politician.
    Media
  • Inquest touching upon the death of Tyrese Glasgow - Inquest into the death of a 12-year-old schoolboy.
    Media

-- Parole Board and Prisons

Ian has advised in prison law matters in England and Wales since 2008. He has in addition advised in respect of prison law issues in the United States, prisoner repatriation issues across the European Union and in Asia. Ian has appeared in complex sentence calculation cases where foreign courts have imposed sentences which have been carried out in England and Wales. 

Ian primarily now acts in prison law cases in the Administrative Court, especially where prisoners have an issue in respect of their mental health or capacity. However, Ian still acts in cases before the Parole Board where the legal issues are very complex or the prisoner is high profile. 

Cases of note:

  • M v the Secretary of State for Justice - Ian and Tor Butler-Cole QC successfully argued that the policy that female prisoners could generally be categorised as open prisoners only in the two years before their conditional release date compared to three years for male prisoners was discriminatory. 
  • Bousfield v The Parole Board for England and Wales [2021] EWHC 3160 (Admin) - Ian led Stuart Withers in this successful judicial review claim as to the correct legal test derived from Sim, as to how to apply the presumption in favour of release.
    Judgment
  • Stokes, R (On the Application Of) v Parole Board of England and Wales [2020] EWHC 1885 (Admin) - A reconsideration decision made by a parole board pursuant to the Parole Board Rules 2019 was quashed. The Parole Board had not given adequate reasons for its decision and had not properly engaged with the prisoner's assertion that the panel's decision was flawed by procedural unfairness.
    Judgment
  • EG, R (On the Application Of) v The Parole Board of England and Wales [2020] EWHC 1457 - Ian appeared with Caoilfhionn Gallagher QC and Jake Rylatt in this challenge as to how the Parole Board enables prisoners to participate when they lack capacity to conduct their parole proceedings. 
    Judgment
  • PL v Parole Board of England and Wales [2019] EWHC 3306 (Admin) - Successful judicial review of the Parole Board when they failed to properly grapple with psychological evidence in a case. 

-- Safeguarding

Ian acts in a huge variety of cases involving safeguarding children and adults. He has advised safeguarding adults reviews, domestic homicide reviews and conducted various investigations in respect of safeguarding matters. Ian had advised a number of charities and faith organisations in respect of their safeguarding arrangements and defended civil claims brought as a result of those arrangements.

Ian has advised in respect of safeguarding issues in British Overseas Territories, Crown Dependencies and with regard to issues which have arisen in Asia, South America and Africa. In addition, Ian has advised as to safeguarding arrangements for athletes, schools and universities. 

Cases of note:

  • An investigation into a whistleblowing complaint at a charity - Ian investigated a whistleblowing complaint as to the safeguarding arrangements at a major charity and the arrangements made in respect of redress for non-recent abuse. 
  • An investigation into a whistleblowing complaint at a care provider - Ian investigated a whistleblowing complaint as to the policies and procedures in respect of the Mental Capacity Act at a major care and support provider. 
  • An investigation into the safeguarding arrangements at a football club - Ian was instructed to review the safeguarding arrangements at a Championship football club when a youth player was exposed to potential harm. 
  • Various sexual misconduct allegations at universities - Ian has been involved in a number of different investigations with regard to sexual misconduct at universities. Ian has acted as an advisor as well as defending participants in student disciplinary processes. 

Investigations

Ian has conducted a number of investigations, especially within a safeguarding context. Similarly, Ian has acted as a legal advisor to various statutory and non-statutory investigation processes. 

Ian sits as HM Assistant Coroner for Kent, is a chair and member of the Football Association’s Safeguarding Review Panel and is Legally Qualified Chair and Hearing Body Panel Member for British Equestrian.

Sport

Ian has advised an Olympic gold medallist, a Championship football club, a tennis open champion and various sports bodies, clubs and others involved in sport. Ian primarily advises in respect of safeguarding in sport but has also acted in anti-doping cases and in cases involving death in a sporting context. 

Ian sits as a chair and member of the Football Association’s Safeguarding Review Panel and is Legally Qualified Chair and Hearing Body Panel Member for British Equestrian.

Ian has recently joined the SCMP Legal Advice Service which provides NGBs participating in the SCMP with expert legal assistance in preparing for and/or attendance at safeguarding disciplinary hearings administered by Sport Resolutions. 

Regulatory

Throughout Ian’s career he has acted in a variety of regulatory matters. Ian’s clients have included an international airline, a chain of gyms, two of the major supermarkets and various health and social care providers. Ian’s regulatory case load has varied from the treatment of animals to issues in respect of food hygiene and statutory nuisance. 

Recommendations

"Ian is very approachable and knowledgeable. His advocacy is exceptional and his drafting skills are fantastic." Chambers & Partners UK, 2024

“Ian Brownhill is well versed in conducting independent investigations across a wide variety of sectors including education, charities, social care and sport. He is experienced in matters concerning safeguarding and other sensitive issues.” Chambers & Partners UK, 2024 

“He is user-friendly, very generous with his time and knows a lot about the way the prisons and probation interface with Court of Protection issues, which is really helpful in complex cases.” Chambers & Partners UK, 2022

“Ian is incredibly knowledgeable in many fields. His advice is always very considered and balanced, and he is adept at putting clients at ease and is always very approachable.” The Legal 500, 2022

“Ian’s knowledge of this area of law is endless; there is nothing he does not know. In cross-examinations he leaves no stone unturned and always ensures the best job is done for the client.” Chambers & Partners UK 2021

“Ian is a robust and punchy advocate, very well liked and respected, who always gives good, practical advice. Extremely hard working and highly intelligent barrister who works on complex issues quickly and efficiently.” The Legal 500 2021

“He is knowledgeable, takes a no-nonsense approach and he is very good at problem solving. He very quickly gets straight to the heart of the issues.” “An incredibly passionate advocate.” Chambers & Partners UK 2020

“Incredibly bright, articulate, approachable, and responsive.” The Legal 500 2020

“He’s a real rising star in the Court of Protection – he’s always really responsive, is very skilled in cross-examination and he’s easy to work with.” “Ian’s drafting and advocacy is always so concise.” Chambers & Partners UK 2019