Use of CCTV in Care Packages in the Community
17/10/2016
The use of CCTV in packages of care in the community represents a serious risk issue for commissioners, providers and care...
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I am a partner in the Health & Care Regulatory team. Based in our Bristol office, I work nationally for clients across the health, social care, education and housing sectors.
Specialising in the legal frameworks engaged in commissioning and providing health, social care, education and housing to vulnerable adults, young people and children, I deal with a range of matters. These include; human rights, capacity, mental health, consent, best interests, deprivation of liberty, treatment, special educational needs and disability, education and health care plans, regulatory scrutiny and intervention (Care Quality Commission and Health and Safety Executive), and serious incident response in health and social care. I have experience in representing clients at inquests, Tribunals, in the Court of Protection, the Inherent Jurisdiction of the High Court and in the criminal courts in the regulatory jurisdiction.
From a client’s perspective, she feels like an incredibly safe pair of hands, always accessible and ready to talk through an issue and working for the Trust with as much passion and commitment as if she were one of its employees.
I am recognised by clients as being a "go-to expert" and for my "team-approach" to supporting health, social care, education and housing professionals through the entire journey of these matters.
Hannah Taylor is a real star. She has an unrivalled work ethic and focus, and is always on top of her brief. I’ve seen her give truly exceptional advice on essentially no notice in emergency cases. She knows exactly what needs to be done and what the court will be looking for.
I represented an NHS Trust in the first ever CQC prosecution under the Health and Social Care Act 2008, and regularly advise organisations on serious/catastrophic incidents and the parallel processes arising out of these, including; HSE investigations and prosecutions, police investigations and CPS prosecutions for corporate and gross negligence manslaughter, complex inquests, NHS England/CCG reviews, CQC inspections and the interface between enforcement agencies.
Hannah has incredible stamina and is admired for her high quality handling of these complex and high profile cases. There are not many lawyers who have the skill set to address the Board on health & safety governance issues in one breath and answer detailed questions about the legal and statutory framework in the next. Hannah uses her formidable strengths and good judgment to win over clients and is a solicitor you want on your side.
A significant proportion of my work revolves around advising on appropriate legal frameworks for complex, vulnerable service users who require restrictive and intensive packages of care and support across a variety of care-settings; ranging from high-secure/specialist hospitals, general psychiatric low-secure/open units, rehabilitation centres, residential/nursing homes, traditional supported living placements, core and cluster models, "hospital-at-home", family home packages and own tenancy arrangements. They often involve regularising invasive and often ethically contentious interventions such as high-levels of physical restraint, seclusion, use of CCTV, removed-clothing personal searches, intercepting correspondence and monitoring/regulating telephone/face-to-face contact.
Frequently, there are disputes concerning the appropriate treatment, management technique and placement which I have to facilitate the mediation of between health and social care professionals, family members and others involved in the service user's care. I have been involved in some of the most significant matters before the Court of Protection over the past five years, with cases that have directly impacted the application of the law and how care and support has to be delivered in practice.
Hannah Taylor is brilliant and a really impressive lawyer.
I have experience in representing clients who are seeking declarations and authorisations for the delivery of medical treatment for those lacking capacity or unable to make a lawful decision about the proposal. These can be longstanding for non-urgent interventions (such as long-term contraception/non-therapeutic sterilisation or treatment of chronic conditions) or emergency applications for life-saving interventions.
Hannah’s style is intuitive – she knows when I would understand something and when something may need qualifying – she uses helpful examples to aid understanding…without exception Hannah’s my ‘go to’ expert for all matters of dispute or court.
I am recommended in Legal 500 and have been named an 'Up and Coming' lawyer in the Chambers 2022 directory.
Hannah Taylor is a class act. Ferociously committed, hugely insightful and passionate about what she does.
Training
I frequently deliver seminars and training presentations to health, social care, education and housing professionals. I have provided training to the Royal College of Psychiatrists, the Royal College of Obstetricians, NHS England South, SITRA, Supported Housing in Partnership and the Law Society; and draft articles and briefings in this rapidly developing, but highly nuanced, practice area. Through my experience in the Court of Protection and the High Court, I have developed a comprehensive suite of precedents for the evidence that is required; including templates for capacity assessments, records of best interest decision-making, care plans, risk assessments and witness statements. These have received accolades from a number of High Court Judges. I've also developed practical toolkits; aimed at frontline professionals to assist with complex issues such as CCTV and obstetric mental health cases.
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Appointments
- I was the Chair of the South West Court of Protection Practitioner Association between 2016 – 2019 and continue to be a Committee Member. This is an organisation made up of health and social care professionals, IMCAs, solicitors, barristers and Judges and patient representatives involved in this area of work. We directly influence how the Court of Protection operates regionally. I spoke at the CoPPA National Conference in Bristol in September 2016.
- Mediation Scheme Working Committee – I am a member of the working committee which developed and launched mediation scheme for Court of Protection in 2019.
Legal Directories
- Legal 500 2021 – highly recommended lawyer for Healthcare and Court of Protection and a key lawyer in Health and Safety.
Hannah’s ability to coordinate the different strands in a case is outstanding. Her preparation is meticulous. She has an excellent reputation amongst the solicitors working for the Official Solicitor. They readily acknowledge her attention to detail, high quality of judgement, and the fact that “she knows what she’s doing”.
Awards
- In February 2016 I was The Times Lawyer of the Week for my work in Mental Health Trust v DD and BC [2015] EWCOP 4 where the relief that the Court granted is thought to be the most exceptional in the history of the Court of Protection.
Notable Cases
- CQC v An NHS Foundation Trust - in October 2017 I represented an NHS Trust in the first ever CQC prosecution under the Health and Social Care Act 2008.
- HM Coroner for Oxfordshire – in October 2015 I represented an NHS Trust in a complex, contentious and controversial Article 2 inquest (jury) into the death of a vulnerable young service user with a learning disability and epilepsy, who died whilst admitted to a mental health in-patient unit. I have advised the Trust with the associated CQC and police investigations (corporate manslaughter) and continue to advise on the HSE prosecution for breaches of Health and Safety legislation.
- Mental Health Trust v DD and BC [2015] EWCOP 4 - I represented the applicant mental health Trust, acute Trust and local authority in this case, where the Judge granted the relief sought by the applicants, permitting the sterilisation of a learning disabled woman. The relief granted is thought to be the most exceptional in the history of the Court of Protection. This case attracted national media attention and I supported the applicants on media strategy.
Hannah consistently displays a calm, professional manner; her attention to detail is exceptional, and she is able to readily understand and interpret the complexity of NHS governance arrangements. Her organised and thorough approach, seeing matters through to completion, instils confidence. She is highly personable, and able to adapt to her audience, smoothly managing difficult conversations at Board level and with managers and staff throughout the organisation. She is a highly reliable and professional representative externally.
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Giving evidence in a criminal trial
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Attending court as a witness to give evidence in a criminal trial can seem like a daunting prospect. This guidance will provide...
Court guidance on obstetric cases for patients with mental disorder,...
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The Liverpool Care Pathway (LCP) attracted a great deal of publicity following publication of an Independent Review in July 2013....
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Under Article 12 of the European Convention of Human Rights, men and women of marriageable age have the right to marry. However,...
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Hannah Taylor – always shows exceptional commitment to her cases with a real eye for detail.