Charlotte Bell
Solicitor
Charlotte is a solicitor specialising in Court of Protection matters. Charlotte’s work focuses primarily on health and welfare matters which involve consideration of complex capacity issues, best interests disputes and deprivation of an individual’s liberty. These cases can often include decisions about where someone should live, their care needs, contact with family members, access to internet and social media and access to the local community. Charlotte is passionate about promoting an individual’s autonomy in everyday life.
Charlotte is regularly instructed by advocacy organisations to support individuals who wish to challenge their deprivation of liberty and also has experience in representing family members in proceedings.
Charlotte has a particular interest in voicing the wishes of the most vulnerable individuals in society. She feels privileged to be invited into the lives of individuals, to build a relationship with them and be placed in a position of trust to act as their legal representative. When supporting individuals, Charlotte strives to work collaboratively with parties to the proceedings, families, care providers and public bodies to progress matters.
Charlotte is a committee member of the Court of Protection Practitioners Association (‘COPPA’) West Midlands”
Notable cases
A Local Authority v PG & Ors [2023] EWCOP 9.
Judgment concerning PG’s capacity to make decisions about her contact with others and her care and support needs in circumstances in which PG’s capacity fluctuates. Charlotte represented EG, PG’s mother. The case involved PG who is a 34 year old woman who has a diagnoses of intellectual disability in moderate range, and autism spectrum disorder. PG had also been diagnosed with trauma based mental illness with Emotionally Unstable Personality Disorder traits and mild learning disability.
Lieven J pinpoints the difficulties around PG's capacity, noting there was a correlation between times when she may not have capacity and made unwise decisions. She then looks at the authorities on fluctuating capacity and considers whether to make an anticipatory order or to adopt a ’longitudinal’ approach. Her concern here was that “making an anticipatory declaration in a case such as this, is that it would in practice be unworkable for those caring for PG”. Lieven J concluded that the more practical and realistic approach was to make a declaration that PG lacks capacity to make decisions as to her contact with others and her care and support needs however, Lieven J was keen to highlight that her care workers should protect her autonomy and only interfere to the minimum degree necessary.
For full details of the case, click here: https://www.bailii.org/ew/cases/EWCOP/2023/9.html
British Sign Language
Charlotte is delighted to have successfully completed the British Sign Language (BSL) Level 2 course.
It is crucial that legal services are accessible to everyone, including the deaf and hard of hearing community. Communication plays a vital role in our work, ensuring that our client's opinions are heard, listened to, and conveyed effectively to the court. Charlotte’s skills in being able to sign will open up more opportunities to represent deaf and hard of hearing clients, improving direct communication with them and reducing the need for intermediaries.
If you would like to know more or have any questions, please contact Charlotte on 01926 354704.