Marble Surface

Ian Brownhill

Ian is a barrister and regularly appears before the Court of Protection at all levels in both health and welfare and property and affairs cases.

Ian regularly acts for RPRs, local authorities, the Official Solicitor, the Office of the Public Guardian, the NHS as well as for family members. Most of Ian’s cases involve protecting the human rights of individuals who lack capacity and the rights of their family members. Ian has an interest in those cases where P is at risk of committing violent or sexual offending and in addition those cases where family members have been accused of harming P.

The clear majority of Ian’s property and affairs work surrounds the financial abuse of vulnerable adults. Ian regularly appears in cases involving the operation of LPAs, EPAs and Deputyships. In addition, Ian has dealt with cases involving statutory will applications.

In addition, Ian appears in applications in the Family Division of the High Court relating to the inherent jurisdiction of vulnerable adults, judicial reviews with regard to the treatment of vulnerable adult prisoners and inquests involving the deaths of vulnerable adults. Ian has also advised the CQC on prosecutions relating to deaths in care settings.

Ian was nominated the Legal Aid Barrister of the year 2015 and is considered a ‘user friendly’ choice of Counsel by both professional and lay clients – Ian is contactable out of hours and at the weekends, something which has been particularly appreciated by Local Authority social workers and NHS clinical staff.


Inherent jurisdiction

RE SW, Family Division of the High Court
Defending application to limit the contact between a couple where the vulnerable adult’s partner was accused of sexual offending.

RE DD, Family Division of the High Court
Defending application to limit the contact between family members where there were allegations of radicalisation.

Judicial review

R (on the application of Goldsworthy) v Secretary of State for Justice [2017] EWHC 2822 (Admin)
Successful judicial review and damages award for life sentenced offender unlawfully recalled to prison for challenging behaviours in a residential care home.

Health and welfare

Re: HK, Bristol County Court
Acting for a family member in urgent DOLs application where P made several concerted suicide attempts within a placement.

Re: MR, Leicester County Court
Acting for P, instructed by Official Solicitor, successful section 21A application after cross examination of expert re capacity.

Re: L, Nottingham and Birmingham County Court
Acting for Local Authority where P’s learning difficulties gave risk to sexual offending, vigilante violence and there were concurrent orders of the Crown Court and the Court of Protection.

Re: ZLJ, Wolverhampton County Court
Successfully defending Local Authority in section 21A application regarding high functioning professional who was objecting to his placement in a residential care setting.

Re: J, Birmingham County Court
Acting for a hospital where there was a conflict between the Official Solicitor, a CCG and family members as to whether P had capacity to make decisions as to her residence and care. Successfully argued that there was no evidence that P lacked capacity in those domains.

Property and affairs

OPG v TW, [2016] EWCOP 18
Acting for the OPG in an application to remove LPAs where family had longstanding history of discontent and upset.

Successfully acting for family member following an application to remove her as an EPA due to financial impropriety of another attorney.

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