Sophie Maloney

Solicitor

Biography

Sophie is a solicitor 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).

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 Choices50 Connect - What is deprivation of liberty?