Simon Garlick

Simon’s practice is predominantly in the Court of Protection’s Health and Welfare Jurisdiction. He is frequently instructed by local authorities, Clinical Commissioning Groups, the Official Solicitor and Accredited Legal Representatives in disputed health and welfare cases, and cases concerning individuals’ deprivation of liberty.  He also advises on community care and mental health law and is instructed in proceedings to displace Mental Health Act Nearest Relatives.

Simon has been involved in many significant Court of Protection cases including reported cases such as:

Notable Cases

SCC v FP & Ors [2022] EWCOP 30

A complex personal welfare dispute resulting in interim orders preventing face to face contact between ‘P’ and her mother, against P’s wishes, and a declaration enabling the local authority to restrict the mother’s right to participate in best interest decisions concerning P’

Local Authority v MM [2010] COP

A successful application on the part of P’s partner for a declaration that his and P’s Article 8 ECHR rights were breached by a local authority’s delay in assessment of capacity leading to suspension of contact between P and her partner.

WBC v Z and others [2016] EW COP4

A dispute about P’s capacity.

B (Capacity: Social Media and internet Use: Best Interests) [2019] EWCOP 3

B v A Local Authority [2019] EWCA Civ 913

A successful appeal against the decision of the Tier 3 Judge, relating to overlapping capacity decisions.

Sunderland City Council v AS [2020] EWCOP 13 (capacity residence and care)

During his career as a solicitor practicing public law and community care work he was involved in several judicial review cases, including:

R (Kiana) v Newcastle City Council and SSHD [2011] EWHC 2673 (Admin) and  [2011] EWCA Civ 671

On the Secretary of State for the Home Department’s duties under Section 4 IAA 1999 (accommodation of failed asylum seekers)

R (Salih and Parsipoor) v SSHD [2011] EWCA Civ 276

On the powers of the administrative court to decide a judicial review case which had permission to proceed on the papers, without consent of one party.

R (Ben Hoare Bell and others) v LC [2015] EWHC 523 (Admin)

A challenge brought by a number of public law legal aid firms to changes to legal aid costs provisions in relation to judicial review proceedings.

R (JG) v Kent County Council [2016] EWHC 1102 (Admin)

Instructed by the Official Solicitor on behalf of a child in respect of whom challenges were brought against the Council for breaches of duty under the Children Act 1989 and education law provisions.

R (JG) v Kent County Council [2016] EWHC 1102 (Admin)

Instructed by the Official Solicitor on behalf of a child in respect of whom challenges were brought against the Council for breaches of duty under the Children Act 1989 and education law provisions.

Simon is a member of the Court of Protection Bar Association

He is the author of the chapter on Mental Capacity in the current 7th edition of the standard text book on Community Care Law (Community Care and the Law – Luke Clements)

He has chaired a panel in 2 Independent Inquiries (convened by Strategic Health Authorities) into the health care and treatment of mental health patients who were subsequently convicted of unlawful killing