Malcolm’s practice encompasses complex care proceedings and Court of Protection work, as well as private law work involving children. He is regularly instructed in High Court matters by local authorities, parents, children’s guardians and the Official Solicitor. His care proceedings work involves serious allegations of non-accidental injury. In the Court of Protection, he concentrates on health and welfare cases, frequently involving incapacitated or vulnerable young people who are leaving the care system. Malcolm undertakes the full range of private law children work including applications to remove children from the jurisdiction, as well as residence and contact disputes where his expertise in care proceedings is invaluable. He has a particular interest in the highly complex interface between the Mental Capacity Act 2005 and the Mental Health Act 1983, and has been a part-time tribunal judge of the Mental Health Review Tribunal for many years.
Notable cases:
Re W (Adoption Order: Set Aside and Leave to Oppose) [2011] 1 FLR 2153 – guidance for courts faced with a late application to oppose adoption
X County Council v B (Abduction: Rights of Custody in the Court) [2010] 1 FLR 1197, FD – court seized of custody rights when dealing with an application involving child’s place of residence
Re A (A Child) (Adoption: Removal) [2009] 2 FLR 597, CA – placement of children overseas for purposes of adoption
Re T (Care Order) [2009] 2 FLR 574, CA - court’s duties when presented with a proposed agreed order in care proceedings
X and Y v A Local Authority (Adoption: Procedure) [2009) 2 FLR 984 – FD wholesale breach of adoption rules in FPC
Sidney Sussex College, Cambridge (MA, Law)