Francis is a partner in our Public Law team and he advises on legal issues arising from the commissioning, planning and delivery of health and social care. He leads the firm’s 24-hour emergency legal helpline as well as our mental health and Court of Protection work, frequently advising on detention and deprivation of liberty as well as best interests, treatment and safeguarding issues. Francis is recognised as an expert in mental health and mental capacity law. His recent MHA cases include ‘Munjaz’, in which the European Court described the seclusion policy he advised on as “exemplary” when allowing a departure from the Code of Practice, and the ‘Haines’ matter in which Francis represented Broadmoor Hospital in the first ever reported public tribunal hearing. His advice on the unlawful delegation of the Secretary of State’s s.12 MHA approval functions to an FT, resulted in emergency legislation in 2013. Francis has worked on secondment with a local authority, and as a member of a Foundation Trust Board’s MHA committee. In addition, Francis provides advice for emergency services clients. In addition to the support he provides to clients on policy development and decision making, Francis also advises on judicial review challenges, complaints, incident handling and the disclosure of information. Francis is ranked as leading solicitor in independent legal directories. Chambers states “He knows his stuff and is sensible and also pragmatic. A pleasure to work with” and the Legal 500 says Francis “is able to focus on the legal issues without getting bogged down in the emotional issues which are invariably involved”.
England - London • Private client
Capsticks LLP
Francis Lyons leads the team at Capsticks LLP, which has a ‘comprehensive, in-depth understanding of the NHS organisations they work for across the whole legal spectrum, which permeates through into work they do in the specific Court of Protection arena’. It has considerable expertise in advising on the interaction between the Mental Health Act, the Mental Capacity Act, and the Deprivation of Liberty Safeguards for its large number of NHS and private sector clients. Amy Holden is another key figure.
Legal 500 Editorial commentary
Testimonials
Collated independently by Legal 500 research team.
‘Francis Lyons is charming, unflappable and a pleasure to work with. One of the best out there for complex serious medical treatment cases Grace Plaxton. Brilliant under pressure, extremely responsive, makes the most stressful situations manageable through her calm demeanour'.
‘Francis Lyons is a superb CoP partner, knows everything about everything. Really thorough knowledge of health legislation in particular and the complete service to the health sector in terms of Court of Protection proceedings.'
‘The team at Capsticks has a great reputation for CoP welfare work. Anita Rao stands out as exceptionally dedicated to progressing cases swiftly and working collaboratively with opponents to do so'.
‘Francis Lyons has made himself available to assist with urgent queries and in the event that he doesn't have capacity to assist, he has provided me with the contact details for a colleague who is readily available to provide advice'.
‘They have an accessible, responsive and knowledgeable team. The experience they have of working with NHS bodies translates seamlessly into an efficient yet empathetic approach to the challenging cases in this area of practice'.
‘Ellie Ward is outstanding. I particularly enjoy working with her as her judgment is impeccable. The considered and comprehensive advice which she provides to clients is faultless'.
‘Holly Bridden is top-notch, completely calm in all situations, and has great client-handling skills. Ellie Ward is a dream to work with, providing a perfect service to her clients. Munpreet Hundle is an absolute star and works with great effectiveness and with a deep understanding of the sector'.
'Francis Lyons is the consistent figure and he is always approachable and responsive'.
Key clients
- NHS Kent & Medway Integrated Care Board
- NHS South West London Integrated Care Board
- NHS South East London Integrated Care Board
- North Middlesex University Hospitals NHS Trust
- Sandwell and West Birmingham Hospitals NHS Trust
- London North West University Healthcare NHS Trust
- NHS Nottingham and Nottinghamshire Integrated Care Board
- NHS North West London Integrated Care Board
- Royal Berkshire NHS Foundation Trust
- Oxford Health NHS Foundation Trust
- Hull University Teaching Hospitals NHS Foundation Trust
- Northern Lincolnshire and Goole Hospitals NHS Foundation Trust
Work highlights
- Representing all Integrated Commissioning Boards in Greater London in relation to challenges to deprivations of liberty and packages of care in the Court of Protection.
- Supporting professionals of acute hospital and mental health service providers with urgent medical treatment, with its expert knowledge of the overlap between the Mental Health Act and Mental Capacity Act.
- Assisting COPDOL11 with providing general services to many NHS Integrated Care Boards nationally to enable them to apply for judicial authorisations of deprivations of liberty for health funded patients in the community.
Lawyers
Leading individuals
Practice head
The lawyer(s) leading their teams.
Francis Lyons