Jess Flanagan

Jess specialises in health and welfare proceedings in the Court of Protection and Community Care matters.

Jess leads our Health and Welfare Court of Protection team. She is a Law Society Accredited Legal Representative (ALR) and specialises in cases with tricky relationships and complex issues relating to care, residence, sexual relations, marriage, safeguarding issues and treatment decisions. Jess regularly advises on cross-jurisdictional matters, including family and private client issues. Jess is a South West COPPA member.

How Jess can help you

Jess’ expertise includes advising on disputes that may arise between private individuals and public authorities concerning an individual who lacks the mental capacity to make important welfare decisions themselves, including decisions about care, residence, contact, or sex, marriage or treatment decisions.
Jess is also experienced in bringing applications under Section 21A Mental Capacity Act 2005 in connection with the Deprivation of Liberty Safeguards (DoLS) framework. The DoLS framework applies when someone is placed in a care home or hospital and cannot consent to being there themselves, due to not having the capacity to do so. A challenge can be brought in the Court of Protection by anyone connected with the person deprived of his or her liberty but in order to benefit from non means tested legal aid, the case must be brought by the individual or by their Relevant Person’s Representative. Jess also advises on community based deprivation of liberty applications.

Jess is regularly instructed by family members, or to act on behalf of the person who lacks capacity by a litigation friend, including the Official Solicitor and can, if appropriate, assist in applying for legal aid should the applicant be eligible on means and on the merits of the case. As an Accredited Legal Representative, Jess is also able to represent the vulnerable adult directly, in certain types of applications before the Court of Protection.

Jess’ skills lie in supporting a mediatory approach where possible, in order support her clients to obtain the best possible outcome to meet their goals and needs and those of their families. Where this is not possible, Jess provides clear advice advise on the merits of pushing for a contested case in matters and identifying what evidence is required to supports such a position.

Experience

• Jess represented four adults in the High Court case of RD and Others (Duties and Powers of Relevant Person’s Representatives and Section 39D IMCAs) [2016] EWCOP 49 where guidance was given by the court as to when an RPR and s39D IMCA is required to bring a challenge to the DOLS Authorisation in the Court of Protection.
• Jess represented P in the case of DMM (Alzheimer’s : marriage : power of attorney ) [2017] EWCOP 33 concerning capacity to marry and the case of PBM [2019] EWCOP 6 concerning capacity to marry, capacity to enter into a prenuptial agreement and capacity to know the value of P’s estate.
• Jess represented P in the case of PBM [2019] EWCOP 6, concerning P’s capacity to marry, enter into a prenuptial agreement and whether he should be informed as to the extent of his assets.