I am a senior associate in the Public Law & Human Rights department in Southampton with a significant experience working in the field of mental capacity law and community care law. I joined the firm in 2019 having spent a number of years in Local Government legal services. I am also an Accredited Legal Representative which is a recognised quality standard for practitioners who offer advice on health and welfare matters under the Mental Capacity Act 2005.
I accept instructions from the Official Solicitor, advocates and individuals. With regard to advising individuals, below is an example of just some of the issues that I am able to assist with:
- review and advise applications for community deprivation of liberty cases (otherwise known as COPDOL11 applications) and assist with drafting supporting statements for prospective Rule 1.2 representatives;
- make applications for health and welfare deputyships;
- consider care needs assessments and care plans and whether they comply with the law;
- assist with challenging funding decisions including NHS Continuing Healthcare; and
- consider merits of escalating complaints to the Local Government Ombudsman and support with submissions for complaints.
In respect of Court of Protection/High Court (inherent jurisdiction) work, I specialise in cases affecting vulnerable young adults transitioning from children’s services into adult services and have significant experience in section 21A and section 16 welfare cases with a developing practice in serious medical treatment cases.
I am also the Chair for South Central branch of Court of Protection Practitioners Association ('COPPA'). This organisation aims to develop good practice in the Court of Protection and share knowledge in respect of the fundamental issues concerning the Mental Capacity Act 2005 and its application to our day-to-day work.
"I have used Irwin Mitchell on two occasions which were connected. They are highly professional and understand that the client does not always understand the issues involved and that it can be quite emotional. Lucy Clements has been patient, compassionate and extremely thorough. She has replied promptly to my communications and has kept me fully informed every step of the way. I cannot fault the service I received." - 5* Trustpilot review
"I feel my friend Mary was given every chance and consideration which had been sadly lacking prior to this action, sadly time was against her. I do not think we could have achieved a better outcome for her and I am grateful for all the time and effort put in to the case. I feel the case was dealt with very professionally and I was always treated with kindness and understanding" - 5* Trustpilot review
"We engaged Irwin Mitchell on behalf of our disabled and non-verbal daughter in a matter that was heard at the Court of Protection. The advice we received from Lucy Clement, our daughter's solicitor, was excellent. The case dragged on much longer than we anticipated, but Lucy remained calm and committed to our daughter throughout. She worked collaboratively and sensitively with us, and despite the endless hoops and hurdles, I believe she helped us reach the best achievable result." - 5* Trustpilot review
"Lucy’s involvement in our lives undoubtedly, without exaggeration, saved my husband's life and saved my sanity. He was homeless and the local Mental Health Trust were quite simply not doing their job. Lucy stepped in and in a steady, professional, meticulous manner held the Trust accountable for their failings and duly asked them to rectify the situation, which they did. She helped us get appropriate accommodation and the support that my husband needed to manage in the community. Lucy was always professional, clear, concise, caring and kind. She helped clarify many issues, many times when I was too emotionally overwhelmed by the chaos in our lives. She was always on the end of a phone or an email, and always got back to us when she said she would. I recommend Lucy to any family, any carer, any service user dealing with mental health issues."- 5* Trustpilot review
"From the outset, the case I referred to Irwin Mitchell was dealt with quickly and efficiently. The communication from the solicitor was timely and I was updated at every stage of the process. The solicitor was very client focused and made every effort to liaise directly with the client via online Teams meetings. I have no doubt that without the involvement of a solicitor, our mutual client would still remain on an acute mental health ward unnecessarily, with no prospect of discharge and an ongoing package of care."- 5* Trustpilot review
Fluctuating Capacity And Navigating The Complex Process To Ensure Person-Centred Care