Sophie Maloney

Biography

Sophie is a partner in the Court of Protection and community care department based in the North West. She completed her law degree at the University of Sheffield and joined the department in 2012.

Sophie is experienced in dealing with Court of Protection welfare matters and judicial reviews in the context of community care.

Sophie has been certified by the Law Society as an accredited legal representative in the area of mental capacity (welfare). She is Secretary of the North West Committee of the Court of Protection Practitioners Association.

Sophie is experienced in representing both “P” by a litigation friend (including the Official Solicitor) and family members in Mental Capacity Act disputes before the court and often addresses complex and sensitive issues including residence, care, sexual relations, religion, contact, medical treatment decisions and deprivations of liberty.

Sophie is experienced in advising and representing parties in respect of capacity disputes, best interests and section 21A appeals against Deprivation of Liberty Safeguards (DoLS).

Sophie also has experience of Court of Protection cases involving the complex interplay between the Mental Capacity Act 2005 and Mental Health Act 1989, and has also represented “P” in cases involving issues of religious observance.

Sophie also represents vulnerable children and adults with physical disabilities and mental health conditions in obtaining lawful assessments of their needs, service provision, treatment and suitable accommodation from both social services and the NHS. In addition to challenging decisions to remove or reduce care packages and refusals to fund treatment, she also frequently represent clients lacking capacity who are in the midst of possession proceedings.

Sophie has a particular interest and experience in representing couples where one or both people lack capacity that have been separated and forced to live apart (often in different care homes) or where contact between them has been restricted.

Away from work, Sophie enjoys going to the gym, fell walking and photography.

Areas of specialism

• Court of Protection health and welfare
• Appeals against deprivations of liberty under s21A Mental Capacity Act 2005
• Community care
• Judicial review

In the media

Final Choices & 50 Connect - What is deprivation of liberty?

Recent case studies

Vulnerable adult - residence & care - Sophie represented a vulnerable adult in a sensitive case involving a dispute between family members in relation to their fathers' residence and care. Read more

Deprivation of liberty challenge - Sophie represented a vulnerable adult in an interesting and complex case where both a husband and wife wished to leave the care home where they had been placed. Read more

What our clients say

"I am an independent mental capacity advocate, and contacted Stephensons on behalf of a client who wished to challenge the Deprivation Of Liberty that was in place for her... My client's case was allocated to Sophie Maloney, and she has been friendly and approachable from the start. This particular case is complex and changes almost daily - Sophie's extensive knowledge has been invaluable. She is always responsive when I contact her and she explains things in a way that makes it easier for me to understand - which in turn helps me to support my client. I am aware that colleagues have now referred cases to Sophie, and we look forward to working with her again in the future." - view from an Independent Mental Capacity Advocate

"I instructed Sophie in relation a public law matter. My experience was nothing short of perfect. Person centred for my clients, knowledgeable and informative and kept me in the loop with all matters. Wouldn’t hesitate using Sophie again." - view from an Independent Mental Capacity Advocate

"I would recommend Stephensons who handled my case professionally, honestly and compassionately. Any queries have been dealt with swiftly and the dialogue has been two way, always available to ask questions to and offer suggestions and advice. The friendly, professional service has made a very difficult time that bit easier and provided much needed support." - View from a satisfied client

"Looked after my autistic son for years was a paralegal then qualified nothing was to much for her and my son will never forget the constant support and care we felt very supported would use them again." - View from a satisfied client

"Sophie Maloney the solicitor was very helpful, friendly, professional and honest in giving me advice how to deal with the local authority about concerns with my mothers care in a care home. I would recommend her to anyone. She is an excellent solicitor." - View from a satisfied client