Arianna Kelly

Arianna acts in Court of Protection and Medical Treatment applications relating to children and adults, health and welfare, property and affairs and serious medical treatment. Since 2022, she has been a contributing author to ‘Court of Protection Practice’ (Lexis Nexis), the leading practitioner text for the Court of Protection. She has a particular interest in Court of Protection matters. She acts in many applications relating to the deprivation of liberty of young people under the inherent jurisdiction, as well as in adult inherent jurisdiction applications. She is available for out-of-hours work. She has an increasing focus on medical treatment cases and has acted in multiple cases involving the withdrawal of life-sustaining treatment.

Cases of note

• E & F (Minors: Blood Transfusion) [2021] EWCA Civ 1888 - Junior counsel for a health trust in the Court of Appeal on the leading case on applications in the inherent jurisdiction for the medical treatment of minors. 
• Manchester University NHS Foundation Trust v JS [2023] EWCOP 12 - Sole counsel for the Secretary of State for Health and Social Care in a leading authority on Schedule 1A ineligibility for detention under the Mental Capacity Act 2005. 
• Bolton Council v KL [2022] EWCOP 24 - Acted on behalf of a local authority in an application defining the test for streamlined applications for deprivations of liberty. Before Her Honour Judge Hilder. 
• Guy’s & St Thomas’ NHS Foundation Trust and Royal Borough of Greenwich v M, F, and R [2021] EWHC 2377 (Fam) - Acted on behalf of the child’s guardian in an application to withdraw life-sustaining treatment. Before Mr Justice Cobb. 
• Re Z (Medical Treatment: Invasive Ventilation) [2021] EWHC 2613 (Fam) - Acted on behalf of a father of a child contesting an application by a health trust to set a ceiling of care for a child with serious illness, with the child not to be offered invasive ventilation. Before Mr Justice Peel. 
• Calderdale MBC v AB [2021] EWCOP 55 - Acted on behalf of a local authority in an application relating to a property and affairs deputy’s scope of authority. Before Her Honour Judge Hilder.  
• Barnet Enfield And Haringey Mental Health NHS Trust & Anor v Mr K & Ors [2023] EWCOP 35 – Acted as sole counsel for a mental health trust in a complex matter authorising assessment and treatment of a man in the community; this judgment is noted the scope of the powers of the Court of Protection to make interim declarations on capacity and best interests. 

Arianna is a qualified mediator with a keen interest in the use of mediation in Court of Protection health and welfare and property and affairs contexts.

Arianna acts and advises in all areas of property and affairs work, acting regularly for the Office of the Public Guardian, deputies and private individuals. She has a particular interest in matters with a crossover between property and affairs and social care charging, and is the author of the leading text on social care charging. Arianna is particularly experienced in issues of financial abuse, contested issues relating to capacity, the removal of holders of lasting powers of attorney and statutory wills applications. Arianna regularly advises deputies on applications to the Court of Protection relating to the recovery of funds on behalf of people lacking capacity, including on complex questions of best interests in relation to pursuing recovery from family members. Arianna is a member of the National Executive Committee for the Court of Protection Practitioners Association.

Cases of note

• Calderdale MBC v AB [2021] EWCOP 55 - Acted on behalf of a local authority in an application relating to a property and affairs deputy’s scope of authority. Before Her Honour Judge Hilder. 
• Personal injury proceedings - Advised on the scope of a deputy’s duties in personal injury proceedings, considering mixed issues of property and affairs and health and welfare. 
• Removal of holders of lasting power of attorney - Acted on behalf of the Office of the Public Guardian in an application to remove holders of a lasting power of attorney and appoint a panel deputy, on the basis of the donor making substantial transfers of assets while the donor had capacity. 
• Access to P - Acted on behalf of a deputy to secure access to a vulnerable person. Arianna supported the deputy in making an emergency application to the Court of Protection to ensure the deputy had access to P in order to discharge her duties. 
• Double Recovery - Provided detailed advice in proposed judicial review proceedings relating to eligibility for local authority funding where P had significant periodical payments. 
• Recovery of Assets - Advised a deputy on what steps could be taken to restore P’s estate following the removal of her former attorneys;. The advice was written both to advise the deputy and support an application to the Court of Protection for permission to bring litigation. 
• Ending a deputyship - Acted on behalf of a person who had a property and affairs deputy appointed following a brain injury, but had regained capacity and sought the discharge of his deputy. 

Arianna regularly acts and advises in matters relating to the inherent jurisdiction of the High Court. Arianna is available for urgent or out-of-hours applications in both Court of Protection and inherent jurisdiction applications.

Arianna acts in a range of welfare applications, with a particular interest in those which featuring interactions between the Mental Capacity Act and Mental Health Act, and between mental capacity and community care law. She has acted in a range of matters featuring cross-border disputes. Arianna is ranked as a Leading Junior in Chambers and Partners in Court of Protection: Health & Welfare, and as a ‘Rising Star’ on the Northern Circuit by The Legal 500. Arianna is on the National Executive Committee for the Court of Protection Practitioners Association. 

Cases of note

• E & F (Minors: Blood Transfusion) [2021] EWCA Civ 1888 - Junior counsel for a health trust in the Court of Appeal on the leading case on applications in the inherent jurisdiction for the medical treatment of minors.
• Manchester University NHS Foundation Trust v JS [2023] EWCOP 12 - Sole counsel for the Secretary of State for Health and Social Care in a leading authority on Schedule 1A ineligibility for detention under the Mental Capacity Act 2005. 
• W(Young Person: Unavailability of Suitable Placement) [2021] EWHC 2345 (Fam) - Acted on behalf of a health trust in relation to authorise a 15-year-old child’s deprivation of liberty in hospital and in an unregistered community placement. Before Mrs Justice Knowles.
• Barnet Enfield And Haringey Mental Health NHS Trust & Anor v Mr K & Ors [2023] EWCOP 35 – Acted as sole counsel for a mental health trust in a complex matter authorising assessment and treatment of a man in the community; this judgment is noted the scope of the powers of the Court of Protection to make interim declarations on capacity and best interests.
• Bolton Council v KL [2022] EWCOP 24 - Acted on behalf of a local authority in an application defining the test for streamlined applications for deprivations of liberty. Before Her Honour Judge Hilder. 
• ZK (Landau-Kleffner Syndrome: Best Interests) [2021] EWCOP 12 and Re ZK (No.2) [2021] EWCOP 61 - Acted on behalf of a local authority in a contested application to remove a man from his family home, and in a dispute regarding his capacity. Before His Honour Judge Burrows. 
• A Local Authority v P and CCG (Judgment on Capacity) [2021] EWCOP 48 - Acted on behalf of a local authority in a complex application relating to capacity and involving a vulnerable person at serious risk of harm. Before Her Honour Judge Williscroft sitting in Tier 3. 

Arianna acts in Court of Protection and medical treatment applications relating to children and adults. She acts in many applications relating to the deprivation of liberty of young people under the inherent jurisdiction in hospital, as well as in adult inherent jurisdiction applications. She has particular experience in matters with community care or Mental Health Act crossover issues. She is available for out-of-hours work. She has acted in multiple cases involving the withdrawal of life-sustaining treatment and recently acted as junior counsel in the Court of Appeal in a matter relating to the medical treatment of a young person who objected to medical treatment on religious grounds.

Cases of note

• E & F (Minors: Blood Transfusion) [2021] EWCA Civ 1888 - Junior counsel for a health trust in the Court of Appeal on the leading case on applications in the inherent jurisdiction for the medical treatment of minors. 
• Manchester University NHS Foundation Trust v JS [2023] EWCOP 12 - Sole counsel for the Secretary of State for Health and Social Care in a leading authority on Schedule 1A ineligibility for detention under the Mental Capacity Act 2005, considering how detentions in hospital for the purpose of treating mental disorders may be authorised. 
• Guy’s & St Thomas’ NHS Foundation Trust and Royal Borough of Greenwich v M, F, and R [2021] EWHC 2377 (Fam) - Acted on behalf of the child’s guardian in an application to withdraw life-sustaining treatment. Before Mr Justice Cobb. 
• Re Z (Medical Treatment: Invasive Ventilation) [2021] EWHC 2613 (Fam) - Acted on behalf of a father of a child contesting an application by a health trust to set a ceiling of care for a child with serious illness, with the child not to be offered invasive ventilation. Before Mr
• Barnet Enfield And Haringey Mental Health NHS Trust & Anor v Mr K & Ors [2023] EWCOP 35 – Acted as sole counsel for a mental health trust in a complex matter authorising assessment and treatment of a man in the community; this judgment is noted the scope of the powers of the Court of Protection to make interim declarations on capacity and best interests. 
• A Hospital Trust v A Child and A Local Authority - Acted on behalf of CAFCASS in relation to an application to forcibly sedate and re-feed her in intensive care for an extended period of time. Before Mrs Justice Theis. 
• A Local Authority v A Hospital Trust, A Child and Mother - Acted on behalf of the mother of a child (through the Official Solicitor) in relation to withdraw life-sustaining treatment from a critically ill infant. Before Mrs Justice Lieven. 

Arianna accepts instructions in a range of public law judicial review matters and is panel counsel for both the Attorney General and European Convention on Human Rights (ECHR). She regularly advises public authorities on policies relating to health and social care. She is ranked as a leading junior in Administrative and Public Law by The Legal 500, which writes: “Arianna is a superb advocate. She is methodical in her reasoning and makes complex concepts straightforward to understand. She works really hard and is always someone you want fighting your corner. She has star quality about her.” Arianna is also ranked as a leading junior in Community Care by Chambers and Partners, which writes

• "She is responsive, thoughtful, practical, empathetic, academic and meticulously well prepared. She is brave on her feet, argues difficult points elegantly and works tirelessly hard for her vulnerable clients." The Legal 500 2023

• "Arianna is very approachable and easy to work with and gives clear, helpful advice.’ ‘She is very proactive and helpful. She has a good way with clients. She takes a very commercial and pragmatic approach and cuts through issues quickly." Chambers and Partners 2023

• "Arianna has an incredible eye for detail and her passion for the law is evident. She is confident, trustworthy and thorough." Chambers and Partners 2023

• "Arianna is an absolute delight to work with." Chambers and Partners 2023

Cases of note

•  R(A&B) v Secretary of State for Health and Social Care - Acted as junior counsel for the Department of Health and Social Care in a high-profile judicial review to the eligibility criteria of a national scheme relating to benefits for children and families. 
• R(E) v Telford & Wrekin Council - Acted as junior counsel in an Article 14 challenge to a local adult social care charging policy under the Care Act 2014. 
• R(A Child) v Crown Prosecution Service - Acted as junior counsel on behalf of a child claimant to challenge a decision by the Crow Prosecution Service to charge him with a number of serious offences rather than offer a caution. 
• R (A Patient) v South London and Maudsley NHS Foundation Trust - Acted as sole counsel for a mental health trust in a judicial review to challenge to a patient’s detention and compulsory medication on Article 3 and 5 ECHR grounds. 
• R(KP) v South Tees CCG and NHS England - Acted as sole counsel in a claim challenging the lawfulness of a refusal of NHS Continuing Healthcare, and claims of systemic unfairness in such eligibility decisions. 
• R(C) v Trafford Council - Acted for a local authority in a challenge to the adequacy of a needs assessment a decision not to meet needs on a discretionary basis under s19 of the Care Act 2014. 
• R(A Child) v Leeds City Council - Acted for a local authority in a challenge to the lawfulness of an age assessment. 

Arianna works extensively in issues relating to medical treatment, community care, mental health and inquests. She is a leading junior for Court of Protection (Health and Welfare). She frequently advises in and undertakes judicial review work in relation to eligibility and care planning decisions, community care charging and debt recovery, safeguarding investigations and decisions to de-register approved providers, age assessments and allowances to special guardians. She also advises public authorities on policies relating to health and social care. She acts in inquests, focusing on those with issues relating to the Mental Health Act or death of people detained in care settings.

Cases of note

• E & F (Minors: Blood Transfusion) [2021] EWCA Civ 1888 - Junior counsel for a health trust in the Court of Appeal on the leading case on applications in the inherent jurisdiction for the medical treatment of minors. 
• Guy’s & St Thomas’ NHS Foundation Trust and Royal Borough of Greenwich v M, F, and R [2021] EWHC 2377 (Fam) - Acted on behalf of the child’s guardian in an application to withdraw life-sustaining treatment. Before Mr Justice Cobb. 
• Re Z (Medical Treatment: Invasive Ventilation) [2021] EWHC 2613 (Fam) - Acted on behalf of a father of a child contesting an application by a health trust to set a ceiling of care for a child with serious illness, with the child not to be offered invasive ventilation. Before Mr Justice Peel. 
• W(Young Person: Unavailability of Suitable Placement) [2021] EWHC 2345 (Fam) - Acted on behalf of a health trust in relation to authorise a 15-year-old child’s deprivation of liberty in hospital and in an unregistered community placement. Before Mrs Justice Knowles. 
• R(A Patient) v South London and Maudsley NHS Foundation Trust - Acted as sole counsel for a mental health trust in a judicial review to challenge to a patient’s detention and compulsory medication on Article 3 and 5 ECHR grounds. 
• R(KP) v South Tees CCG and NHS England - Acted as sole counsel in a claim challenging the lawfulness of a refusal of NHS Continuing Healthcare, and claims of systemic unfairness in such eligibility decisions. 
• Inquest touching on the death of Lewis Smedley - Acted for a local authority in a four-day inquest considering the actions of public bodies in relation to a young man who died very shortly after being released from detention under s136 Mental Health Act. 

Arianna works extensively for local authorities, health authorities, and private individuals in community care and healthcare matters. Arianna is involved in many judicial reviews of community care assessment and eligibility decisions and advises on matters relating to ordinary residence, charging, deferred payment agreements, and debt recovery. She is the author of the book, ‘Social Care Charging’ (Law Society, 2023), the leading text issues of charging and financial assessment for social care. She is a leading Community Care, Administrative and Public Law  and Court of Protection junior. The Legal 500 writes: “Arianna is a superb advocate. She is methodical in her reasoning and makes complex concepts straightforward to understand. She works really hard and is always someone you want fighting your corner. She has star quality about her.”

Cases of note

• E & F (Minors: Blood Transfusion) [2021] EWCA Civ 1888 - Junior counsel for a health trust in the Court of Appeal on the leading case on applications in the inherent jurisdiction for the medical treatment of minors. 
• W(Young Person: Unavailability of Suitable Placement) [2021] EWHC 2345 (Fam) - Acted on behalf of a health trust in relation to authorise a 15-year-old child’s deprivation of liberty in hospital and in an unregistered community placement. Before Mr Justice Knowles. 
• R(A&B) v Secretary of State for Health and Social Care - Acted as junior counsel for the Department of Health and Social Care in a high-profile judicial review to the eligibility criteria of a national scheme relating to benefits for children and families. 
• R(E) v Telford & Wrekin Council - Acted as junior counsel in an Article 14 challenge to a local adult social care charging policy under the Care Act 2014. 
• R(A Patient) v South London and Maudsley NHS Foundation Trust - Acted as sole counsel for a mental health trust in a judicial review to challenge to a patient’s detention and compulsory medication on Article 3 and 5 ECHR grounds. 
• R(KP) v South Tees CCG and NHS England - Acted as sole counsel for the defendants in a claim challenging the lawfulness of a refusal of NHS Continuing Healthcare and claims of systemic unfairness in such eligibility decisions. 
• R(C) v Trafford Council - Acted for a local authority in a challenge to the adequacy of a needs assessment a decision not to meet needs on a discretionary basis under s19 of the Care Act 2014. 
• R(A Child) v Leeds City Council - Acted for a local authority in a challenge to the lawfulness of an age assessment. 

Arianna accepts instructions on inquest matters, particularly those relating to detention under the Mental Capacity Act or Mental Health Act, or deaths in care homes. Arianna recently appeared in a high-profile inquest relating to the death of a person who had been detained under s136 Mental Health Act.

Cases of note

• Inquest touching on the death of Lewis Smedley - Acted for a local authority in a four-day inquest considering the actions of public bodies in relation to a young man who died very shortly after being released from detention under s136 Mental Health Act. 
• Inquest touching on the death of Vera Tye - Acted for a local authority in an inquest relating to the death of a woman living in a residential care home operated by the local authority; the inquest also considered the policies and procedures relating to the use of bank staff. 
• Inquest touching the death of Duncan Stewart - Acted for a care home provider relating to the death of a man who died following a fall in the care home. 

Arianna is a qualified mediator with a keen interest in the use of mediation in Court of Protection health and welfare and property and affairs contexts.