Twenty years at the Bar. Mental health, mental capacity, the rights of people who can't always speak for themselves. This is the file.
Mental capacity. Court of Protection. Mental Health Act. The cases where medicine, ethics, social care and individual liberty meet.
The Supreme Court, 22 October 2013. Cheshire West. A man called P, described in the judgment by an initial, was living in a staffed bungalow. Continuous supervision. Not free to leave. The Court of Appeal had said this wasn't a deprivation of liberty — his life was as close to normal as possible, given the disability. The Supreme Court disagreed. A gilded cage, Lady Hale said, is still a cage.
I was junior counsel throughout. The judgment reshaped the law overnight. Over two million applications for Article 5 safeguards followed. Every care home, every hospital, every social work team in the country had to look at the people in their care and ask a question they hadn't asked before. That is what the law does when it develops.
I spent over two decades at the University of Manchester as a Senior Lecturer and Clinical Lead, teaching mental health and capacity law to law students who would go on to practise it, and to practitioners who would never forget it. I founded the Dementia Law Clinic. I appeared in Cheshire West, N v ACCG, Re X, and others I'll get to.
I founded LPS Law because the professionals making life-changing decisions for people who can't decide for themselves deserve legal education that is rigorous, practical, and actually engaging. Cut through the noise. Know the law. Know the process. Leave with something you can use on Monday.
Away from all that, I'm blessed to have my best friend and partner, who is my life-long rock, and two wonderful girls.
I'm a Barrister at 39 Essex Chambers. This is what I do, and more importantly, why.
"Neil is unrivalled in his knowledge of the cross over between the Mental Health Act and Mental Capacity Act… A fantastic combination of practical, specific knowledge about social care, and a huge academic knowledge of the way the legal system works."
Chambers & Partners · 2026
The line between clinical insight and legal capacity. The Vice President recorded his gratitude for the written submissions.
Patient autonomy and medical consensus within the statutory capacity test — argued with a team of Manchester students in the Court of Appeal.
The Lord Chief Justice on care plans, contact with sex workers, and the Sexual Offences Act 2003 — overturning first instance.
First of its kind: the legal test for capacity to use social media and the internet, later endorsed by the Court of Appeal.
The leading authority on best-interests decisions and the Court of Protection's case-management powers.
A gilded cage is still a cage. The landmark redefining deprivation of liberty — and the 2.4 million safeguard applications that followed.
One of the first cases to find a public body in breach of human rights through its use of the Mental Capacity Act 2005.
Leading guidance on the appointment of legal representatives where a mental health patient's capacity to conduct proceedings is in doubt. Upper Tribunal Church recorded being "hugely grateful to The Law Society and their counsel, Mr Allen".
Clarifies the conceptual difference between the clinical concept of "insight" and the legal concept of "capacity" — drawing on Neil's 2009 paper Is capacity "in sight"?
Landmark exploration of the relationship between patient autonomy and medical consensus within the statutory capacity test. Argued with Alex Ruck Keene KC (Hons).
First case considering the positive obligations of Article 3 ECHR in the inherent-jurisdiction context, particularly where a vulnerable adult rejects state intervention. Neil wrote the legal framework transposed into paragraphs 22–35 of the judgment.
The first reported case considering sexual capacity in the context of short-term memory.
HHJ Burrows clarifies that "unsound mind" for Article 5 ECHR means "mental disorder" under the Mental Health Act 1983, and can be confirmed by GPs — improving streamlined community DoL applications.
The Vice-President clarifies the interface between detention under the Mental Health Act 1983 and the Mental Capacity Act 2005.
The clinical concepts of "executive dysfunction" and "insight" are not synonymous with a lack of mental capacity.
Mr Justice Hayden clarifying the law on lasting powers of attorney.
The first reported Court of Protection decision considering whether divorce was in P's best interests following a brain injury.
Neil drafted paragraphs 13–15 of the judgment and Appendix 3 (statement of legal principles) at the court's request.
Overturning first instance, the Lord Chief Justice held that care workers facilitating contact between a person with mental disorder and a sex worker would risk an offence under s.39 of the Sexual Offences Act 2003.
The first case to consider capacity in the context of autoerotic asphyxiation.
Upper Tribunal guidance on the approach where a patient lacks capacity to challenge their Mental Health Act detention.
The first-of-its-kind legal test for capacity to use social media and the internet, later endorsed by the Court of Appeal and now widely adopted.
Mandatory injunctions against P's family member who posted material online and on social media.
Shaped the legal understanding of the inherent jurisdiction and the detention of individuals with capacity — subsequently approved by the Court of Appeal.
Established the use of Court of Protection Visitors to ensure human rights compliance in uncontested, unbefriended deprivation of liberty cases.
The leading authority on best-interests decisions and the Court of Protection's case-management powers.
The importance to P of contact with pets.
When conditions of detention under the Mental Capacity Act 2005 interfere with human rights.
Established the streamlined procedure for judicial authorisation of deprivation of liberty in the Court of Protection.
The landmark redefining deprivation of liberty for Article 5 ECHR. Safeguard applications rose from 41,741 (2009–2014) to 2,442,890 (2014–2024), triggering Law Commission reform and the Mental Capacity (Amendment) Act 2019.
Established that social workers can provide critical evidence of incapacity — not the sole terrain of the medical profession. Reflected in the COP3 capacity form.
Refined the application of consent laws and community treatment orders — a key precedent under the Mental Health Act 1983.
The emotional component in the best-interests analysis.
One of the first cases in which a public body was found to breach human rights law through its use of the Mental Capacity Act 2005. Mr Justice Baker cited Neil's 2009 paper as "a helpful and interesting article".
The first successful use of the Human Rights Act 1998.
Ranked as a leading junior in the Court of Protection by Chambers & Partners and Legal 500 every year since 2014.
Neil is very determined to get the best outcome possible for the client, thinking creatively and often employing novel solutions to problems.
Neil's ability and research is really unrivalled; he is fantastic in presenting an idea to people.
"Vast and deep experience in Court of Protection work. An excellent communicator in court."
"A brilliant advocate able to deal with complex matters very easily — great with clients and colleagues alike."
"An unflappable and incredibly intelligent junior, who has wonderful client empathy."
"Always well prepared, a pleasant opponent and a good problem solver — thinks outside the box and puts himself into P's shoes."
"Very academically on the ball. Hugely respected in the Court of Protection world."
"Incredible intellectual abilities; not in the least phased at the prospect of having to appear before the senior courts at short notice."
"Encyclopaedic knowledge of all things CoP, but also very likeable and pragmatic."
"Sensitive to the really difficult issues. Pragmatic, practical and accessible."
"Vast and deep experience in Court of Protection work. An excellent communicator in court."
"A brilliant advocate able to deal with complex matters very easily — great with clients and colleagues alike."
"An unflappable and incredibly intelligent junior, who has wonderful client empathy."
"Always well prepared, a pleasant opponent and a good problem solver — thinks outside the box and puts himself into P's shoes."
"Very academically on the ball. Hugely respected in the Court of Protection world."
"Incredible intellectual abilities; not in the least phased at the prospect of having to appear before the senior courts at short notice."
"Encyclopaedic knowledge of all things CoP, but also very likeable and pragmatic."
"Sensitive to the really difficult issues. Pragmatic, practical and accessible."
"Some of the best training that I have ever attended."
"Neil was amazing, thought-provoking and has changed my view and how I will practice."
"A seminar by the very best in the business."
Every case begins with a person, and ends with a person. The law in between is only the rope we throw across.
By the numbers
Two decades bridging academia and practice — cited in government reports, in court judgments, and across continents.
Widely cited as the essential resource for health and social care professionals working with people who lack decision-making capacity. Now in its fourth edition.
Professional journals
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