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Francis Lyons

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”. · Capsticks LLP

EnglandPublic Law, Mental Health

About

Partner in the Public Law team at Capsticks LLP who advises on legal issues arising from the commissioning, planning and delivery of health and social care, and leads the firm’s 24-hour emergency legal helpline as well as its mental health and Court of Protection work. Recognised as an expert in mental health and mental capacity law, advising on detention, deprivation of liberty, best interests, treatment, safeguarding, judicial review, complaints and disclosure matters.

Practice areas

Public LawMental HealthMental CapacityCourt of ProtectionHealth & Social Care

Office

England

Capsticks LLP · 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

Expertise

NHS/Foundation TrustsEmergency ServicesSecure HospitalsPolicy DevelopmentDeprivation of Liberty

Education

  • Southampton University — LLB (Hons), 1994
  • College of Law, Guildford — Legal Practice Course Diploma, 1995

Admissions

  • Qualified as a solicitor, 1998