Mr Thomas Jones > Deka Chambers > London, England > Barrister Profile

Since joining Chambers, Thomas has developed a busy Court of Protection practice, particularly in cases involving the health and welfare jurisdiction. In Thomas’ first year in Chambers, he was nominated for the ALC Outstanding Newcomer Award for “the commitment he has shown to developing the law relating to children and the vulnerable, specifically in the field of the Deprivation of Liberty Safeguards”.

In his second year in Chambers, Thomas was ranked as a ‘Rising Star: Tier 1’ in the Legal 500 for Court of Protection and Community Care. He was also shortlisted for the FLA Young Barrister of the Year Award for his expertise in dealing with cases which overlap the jurisdictions of the Family Court and the Court of Protection. His nomination describes him as a ‘formidable force in cases where there is an interplay between the two jurisdictions’.

He accepts instructions from local authorities, the Official Solicitor, the Office of the Public Guardian, deputies, attorneys and private individuals. He has appeared in s. 16 cases, s. 21A cases and a series of deprivation of liberty order applications under the inherent jurisdiction of the High Court. Thomas has recently been instructed to advise on the application of a Deprivation of Liberty order made by the High Court of England and Wales in a separate jurisdiction. He has also advised on whether restrictions placed on an inpatient at the Bethlem Adolescent Psychiatric Intensive Care Unit amount to a deprivation for the purposes of article 5 of the ECHR.

Prior to joining Chambers, Thomas worked for the Law Commission on its review into the Deprivation of Liberty Safeguards. The UK Government responded to the Law Commission’s review by agreeing that the DOLS system should be replaced as a matter of urgency. The Mental Capacity (Amendment) Act 2019, replacing the DOLS with the LPS, received Royal Assent in May 2019.

In 2019, Thomas was seconded to the Welsh Government where he advised on the implementation of Mental Capacity (Amendment) Act 2019 in Wales. Thomas principally provided advice to the Welsh Ministers on the legal accuracy of the new LPS Code of Practice.

Thomas is a committee member of the Court of Protection Bar Association.

Recent Cases

• Re J (Inherent Jurisdiction: Deprivation of Liberty) [2020] EWHC 2395: Thomas represented the local authority in a deprivation of liberty application before Mr Darren Howe QC, sitting as a Deputy High Court Judge. His judgment comments upon Thomas’ ‘detailed skeleton argument’, which ‘properly and fully’ addresses the applicable law and the steps to be taken when proposed placements are unregistered [para 12].
• LBL v. N [2020]: Thomas represented P through the Official Solicitor in s. 16 MCA 2005 proceedings in which P had a diagnosis of hydrocephalus and epilepsy.
• BCC v. CP [2020]: Thomas represented P through the Official Solicitor in s. 21A MCA 2005 proceedings relating to whether it was in the best interests of a woman with chronic schizophrenia to receive care at her existing placement, a new placement or at home
• LBL v. K [2019]: Thomas successfully acted for the local authority in this deprivation of liberty application before Mrs Justice Judd in respect of a young adult with severe learning difficulties and autism.
• LBN v. A [2018]: Thomas successfully acted for the local authority in this deprivation of liberty application in respect of a child considered to be at risk of being killed by a petrol bomb. The application was made under the inherent jurisdiction of the High Court.