Capsticks LLP

Clinical law.

Tracey is a Partner in Capsticks’ Clinical Law Department and a member of its Health Advisory and Inquest teams.  She heads up our Birmingham office.

Tracey provides advice and representation to NHS and private providers in all aspects of healthcare law, and prior to qualification was a legal manager in a specialist acute NHS hospital.  In addition, Tracey provides advice to emergency services clients.

Tracey represents clients at inquests, including the most complex inquests  where issues are raised under Article 2 of the European Convention on Human Rights and where there are juries.

Tracey regularly advises on issues under the Mental Capacity Act 2005, drafting advance decisions and representing clients in the Court of Protection.  She has considerable experience in advising on all aspects of children’s healthcare law and child protection, including treatment decisions, drafting and commenting upon management reviews and serious case reviews.

Tracey leads our work on NHS continuing healthcare cases and the management of legal issues involved in complex care packages. She also regularly advises on actions by patients for judicial review, particularly in relation to continuing healthcare funding decisions, s117 Mental Health Act 1983, responsible commissioner issues, treatment of overseas visitors, inquests and discharging patients from hospitals.

Tracey regularly advises on confidentiality, information sharing and disclosure and regularly provides training on all aspects of healthcare law.

Notable cases

• R (DB) v Nottinghamshire Healthcare NHS Trust (2008) EWCA Civ 1354• R (on the application of G) v Nottingham City Council [2008] EWHC 400 (Admin).• R (on the application of Whapples) v Birmingham Cross City CCG [2014] EWHC 2647• An NHS Trust v A [2015] EWCOP 71

Qualified 2004; partner at Capsticks 2013 to date. Publications of note: Healthcare Risk Report, November/December 2010 ‘Rule 43 Reports and Responses’.

Birmingham Law Society; Birmingham Medico-Legal Society.

University of Manchester (MA Healthcare Ethics and Law).

Walking and reading, especially ancient history.