Profile
Katie Scott advises and represents a broad range of clients in community care, mental health, and human rights claims. She specialises in welfare, medical treatment and property and affairs disputes in the Court of Protection (where the dispute concerns an incapacitated adult) or the family division (where the dispute concerns a child).
She is currently instructed as one of the junior counsel to the Infected Blood Inquiry and appears regularly at inquests (specialising in deaths that arise in hospitals).
She is an accredited mediator. She mediates a wide range of disputes, with a special focus on disputes in respect of incapacitated adults.
Katie has many years of experience working with vulnerable clients and witnesses and has had vulnerable witness training.
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Peter Campbell
Director of Clerking
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Peter Campbell
Director of Clerking
Areas Of Expertise
“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:
- Leeds and York Partnership NHS Foundation Trust v FF [2025] EWCOP 26 (T3) – A case that considered how the courts should proceed where clinicians are seeking clarification about treatment steps that they are proposing to take (or, more often not take) in relation to a patient detained under the MHA 1983.
- Re AB Disclosure of Position Statements [2025] EWCOP 25 (T3) – A case in which guidance as to the provision of position statements to Court of Protection observers was given. Currently under appeal.
- Manchester University NHS Foundation Trust v PP [2025] EWHC 783 (Fam) – A case seeking orders for the testing of a foetus on birth, for HIV.
- Birmingham and Women’s Hospital NHS Foundation Trust v KB, LB and Fatima [2024] EWHC 3292 (Fam); [2024] EWHC 3292 (Fam); [2025] EWHC 2032 (Fam) – An application for orders that continuing ventilation was not in a 10 year old child’s best interests. The court also delivered judgments on disclosure and gave guidance on this for future cases, and on anonymising clinicians after the conclusion of the substantive proceedings.
- Cardiff and Vale University Health Board v NN [2024] EWCOP 61 (T3) – A case concerned with the termination of a detained mental health patient’s pregnancy, and an application for costs brought by the Official Solicitor against the Health Board.
- Luton Borough Council v Mr and Mrs G & AG [2024] EWCOP 18 – An application in both the Court of Protection and the High Court invoking the Inherent Jurisdiction and for Forced Marriage Protection Orders. Provided guidance for those who lacked capacity to travel abroad.
- AlderHey Children’s NHS Foundation Trust v D, E & C [2023] EWHC 2000 (Fam); [2023] EWHC 1997 (Fam) – A case concerned with whether it was in the best interests of a 14 year old boy for invasive ventilation to continue.
- 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.
Judgment - 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.
Judgment - 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 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.
Judgment
Katie was instructed as one of the junior counsel to the Infected Blood Inquiry, an independent inquiry chaired by Sir Brian Langstaff.
She is regularly instructed in inquests, particularly those involving deaths in hospitals. She accepts instructions from both NHS bodies and families.
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.
