Skip navigation
Spire Barristers Logo

Adrian Francis

Barrister

Court of Protection

  • Health & Welfare

Adrian is regularly instructed to act on behalf of the Official Solicitor, local authorities, NHS Integrated Care Boards and family members. He is experienced in a wide range of health and welfare disputes in the Court of Protection. These include deprivation of liberty and best interests disputes with issues as to care, residence, contact, social media and sexual relations.  Adrian also deals with cases involving TZ style care plans, fluctuating capacity and often appears before Tier 3 judges in the Court of Protection.

 

  • Property & Affairs

Adrian has appeared on behalf of the Office of the Public Guardian, local authorities and family members in property & affairs litigation before the Court of Protection. He accepts instructions in applications seeking the appointment and removal of attorneys and deputies and is regularly instructed by professional deputies seeking specialist advice.

 

Inquests

  • Adrian is often instructed by local authorities, families, insurers and care providers at expanded Article 2 Inquests. Adrian has a particular expertise in inquests involving mental health and mental capacity issues and deaths in health and social care settings and appears at Inquests throughout England & Wales.

 

Care Funding

  • Ordinary Residence Disputes

Adrian is experienced in obtaining successful determinations by the Secretary of State for Health and Social Care of the United Kingdom in ordinary residence disputes between local authorities.  This has resulted in the recovery of substantial care costs.

 

  • Care Fees

Adrian has successfully advised both local authorities and private clients on numerous complex disputes involving care home fees.

MA v Gateshead Council & Ors [2024] EWCOP 34 (19 June 2024) (bailii.org)

https://www.bailii.org/ew/cases/EWCOP/2024/34.html

 

TW v Middlesbrough Council [2023] EWCOP 30 

https://www.bailii.org/ew/cases/EWCOP/2023/30.html

 

Calderdale MBC v AB, Daniel Lumb and AnB [2021] EWCOP56

https://www.bailii.org/ew/cases/EWCOP/2021/56.html

 

  • Court of Protection Practitioners Association
  • Court of Protection Bar Association
  • Professional Negligence Bar Association
  • Gray’s Inn
  • Northern Circuit
  • Solicitor 2005-2018
  • Law Society Mental Health Review Tribunal Panel 2005-2008
  • Royal Society of Medicine Senior Associate 2010-2020
  • Legal 500 2027 - Tier 1 Leading Junior, Court of Protection and Community Care -'On advocacy, he is confident, articulate, and effective, presenting arguments with precision and impact.'
  • Legal 500 2026 - Tier 1 Leading Junior, Court of Protection and Community Care - 'Adrian is a calm presence during meetings with parties and at court. He presents balanced and reasoned arguments. A very reliable barrister.'
  • Legal 500 2025 - Tier 1 Leading Junior, Court of Protection and Community Care -  'Adrian is very attentive and proactive, and he always provides robust, comprehensive advice.'

“'On advocacy, he is confident, articulate, and effective, presenting arguments with precision and impact.'”

- Legal 500 2027 - Tier 1 Court of Protection

Articles from Adrian