Rebecca is a specialist Court of Protection and Public Law barrister who is repeatedly instructed to represent public bodies, the Official Solicitor, RPR's / IMCA's, the Public Guardian, deputies and family members. She is regularly instructed in complex Court of Protection and Public Law cases and has particular experience in the areas of mental health, community care and healthcare.
In September 2015, Rebecca was appointed to the Attorney General’s Regional Panel of Junior Counsel to the Crown and has represented the Legal Ombudsman and the Secretary of State for the Home Department in the Administrative Court.
Rebecca's Court of Protection practice encompasses all aspects of personal welfare and property and affairs. Her personal welfare practice includes disputes over capacity; residence; contact; care and treatment; serious medical treatment; deprivations of liberty and claims under the Human Rights Act 1998. Rebecca has also recently represented an EEA nation (acting through the Official Solicitor) in an application that raised issues of international protection and the court’s jurisdiction under schedule 3 of the Mental Capacity Act 2005. Rebecca has also undertaken cases involving the inherent jurisdiction of the High Court for vulnerable capacitous adults.
In relation to property and affairs, Rebecca is repeatedly instructed by the Public Guardian, private individuals and deputies in connection with applications to revoke Lasting Powers of Attorney and Deputyship Orders; claims for breach of fiduciary duty; and applications for a statutory will.
Rebecca is repeatedly instructed by public bodies and private individuals in public law proceedings challenging the lawfulness of decisions in the fields of health and social care. In particular, Rebecca has extensive experience in cases involving the Care Act 2014, the Social Services and Well-being (Wales) Act 2014 and the National Health Service (Wales) Act 2006; NHS Continuing Healthcare and primary and second healthcare services generally; disputes between public bodies in connection with funding and identifying the responsible commissioning authority and age assessments.
Rebecca also has experience in the area of constitutional law and represented the National Assembly for Wales Commission (as junior Counsel) in the Supreme Court defending the legislative competence of the National Assembly for Wales in relation to the first Bill to be passed by the Assembly after it received primary legislative powers. She has also recently represented the Legal Ombudsman in a claim challenging the lawfulness of its decision to uphold a complaint against a practicing barrister.
Re X (through her litigation friend, the Official Solicitor) v A Local Authority , Mr Justice Keehan
Represented an EEA national in an application challenging her deprivation of liberty. The application raised complex legal issues including her return to her home country, international protection and the court’s jurisdiction under schedule 3 of the Mental Capacity Act 2005.
R (on the application of Peter Lloyd) v Cardiff City Council , Mr Justice Singh
Defended a Local Authority in a judicial review claim challenging the lawfulness of its decisions under the Social Services and Well-being (Wales) Act 2014. This was the first case considering the 2014 Act.
Stenhouse v The Legal Ombudsman & Anor  EWHC 612 (Admin), Coulson J
The Legal Ombudsman upheld two overarching complaints made by a lay client against a practicing barrister. The barrister applied for judicial review of the Ombudsman’s decision and alleged that both aspects were irrational and made without jurisdiction. Rebecca defended the Legal Ombudsman. The claim was upheld in part.
P v Worcestershire CC  UKUT 120 (AAC);  E.L.R. 194, Judge Mitchell
Successfully represented a parent in an appeal before the Upper Tribunal Administrative Appeals Chamber against a decision of the First-tier Tribunal concerning her son’s Statement of Special Educational Needs.
The Public Guardian v RL  EWCOP 2, Senior Judge Lush
Successfully represented the Office of the Public Guardian in an application to revoke lasting powers of attorney for property and affairs and health and welfare.
R. (on the application of Dyer) v Welsh Ministers  EWHC 3712 (Admin), Hickinbottom J
Successfully defended (as junior counsel) the Welsh Health Specialised Services Committee and Abertawe Bro Morgannwg University Health Board in a judicial review claim (brought also against the Welsh Ministers) alleging a breach of section 3 of the National Health Service (Wales) Act 2006 and Article 8 of the ECHR.
R (on the application of D) v Cardiff City Council v Cardiff and Vales University Health Board , His Honour Judge Jarman Q.C.
Successfully defended (as junior counsel) a Welsh Local Health Board in relation to a claim that it has unlawfully restricted access to primary health care services; breached Articles 3 and 8 of the ECHR and discriminated against the Claimant under the Equality Act 2010.
The Public Guardian v CMW  EWCOP 86, Senior Judge Lush
Successfully represented the Office of the Public Guardian in an application to revoke lasting powers of attorney for property and affairs.
A Hospital Trust v (1) B (through her litigation friend, the Official Solicitor) (2) A University Health Board (3) A psychiatric hospital (4) C , Peter Jackson J
Represented a university health board in an application concerning serious medical treatment. The court was invited to consider whether B should undergo extensive abdominal reconstruction surgery. The proceedings concluded when it became evident that no surgeon was willing to undertake the surgery at that stage.
B v B [2014 & 2015], Moor J
Successfully represented a professional deputy for property and affairs in a series of applications involving a husband and wife where wife lacked capacity to manage her property and affairs and conduct litigation. The deputy sought permission to pursue a petition for divorce that was commenced by wife prior to her losing capacity to conduct the proceedings. The allegations pleaded in the petition were upheld and the petition was granted. At separate hearings, the court granted the deputy’s application for a statutory will and made findings in relation to breaches of fiduciary duty committed by wife’s ex-husband. Rebecca also represented the deputy at the subsequent ancillary relief proceedings brought on behalf of wife.
Local Government Byelaws (Wales) Bill 2012 – Reference by the Attorney General for England and Wales  UKSC 53;  3 W.L.R. 1294, Lord Neuberger PSC; Lord Hope DPSC; Lord Clarke JSC; Lord Reed JSC; Lord Carnwath JSC
Represented the National Assembly for Wales Commission (as junior counsel) in the Supreme Court defending the legislative competence of the National Assembly for Wales in relation to the first Bill to be passed by the Assembly after it received primary legislative powers.
BM and Others (returnees – criminal and non-criminal) DRC CG  UKUT 293 (IAC), McCloskey J and Upper Tribunal Judge Jordan
Represented the application (as junior counsel) in the country guidance case for the Democratic Republic of Congo.
UG (Nepal) v Entry Clearance Officer  EWCA Civ 58, Arden LJ; Sullivan LJ; Tomlinson LJ
Represented the appellant in the Court of Appeal in an appeal which considered the lawfulness of the Secretary of State’s policy for the settlement of adult children of Gurkha veterans.
Pun and others (Gurkhas - policy- article 8) Nepal  UKUT 377 (IAC) Senior Immigration Judge Latter; Senior Immigration Judge Jarvis; Designated Immigration Judge Digney
Represented the applicant in the the Upper Tribunal in an appeal which considered the lawfulness of the Secretary of States policy for the settlement of adult children of Gurkha veterans.
Court of Protection
Leading Juniors - Band 1
"Very approachable and knowledgeable."
"Primarily acts for defendant local authorities in judicial reviews against their decisions. She is highly regarded for her knowledge in cases concerning children and adult social services, Court of Protection applications and education."
Strengths: "She is very good on paperwork because she is academically analytical, and she is quick-thinking on her feet."
"She is very bright, a rising star at the Public Law Bar."
"Acts primarily for Local Authorities in public law challenges to decisions in the context of education, licensing, and children and adult social services."
"She prepares cases to the nth degree, and she gets results."