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103 BOROUGH HIGH STREET, LONDON, SE1 1NL, ENGLAND
Tel:
Work 020 7357 6464
Fax:
Fax 020 7357 8448
Email:
Web:
www.macklaw.co.uk

Nicola Mackintosh

Tel:
Work 0207 357 6464
Email:
Mackintosh Law

Work Department

Mental capacity and court of protection

Position

Nicola Mackintosh QC (Hon) is the sole principal of Mackintosh Law. Ms Mackintosh is nationally recognised as a leading lawyer in Community Care, Health, Human Rights and Mental Capacity Law and for conducting complex casework for disabled clients. She is regularly instructed by the Official Solicitor and has been instructed in many of the test cases in this specialist and niche field.

Career

Qualified 1992; 1999, Partner in a two partner firm Mackintosh Duncan where she brought the landmark Coughlan case regarding entitlement to NHS funded continuing health care, as well as other leading test cases for mentally ill and disabled people and their rights to community care services; 2011 created Mackintosh Law where she is Sole Principal.

Ms Mackintosh is a longstanding member of the Law Society’s Mental Health and Disability Committee and has lectured and written extensively regarding developments in the Court of Protection and mental capacity law and practice. She has also trained the Special Cases Unit of the Legal Aid Agency in mental capacity casework. She has been a member of the Civil Justice Council and the Law Society’s Council. She is co-chair of the Legal Aid Practitioners Group and campaigns and lobbies on access to justice issues. In 2014 Nicola was appointed as Honorary QC by the then Lord Chancellor, the appointment recognising an extraordinary contribution to the law and its development outside usual legal practice in the Courts, particularly in relation to disability and community care/mental capacity law. Nicola is an Accredited Legal Representative within the Law Society’s Mental Capacity (Welfare) Accreditation scheme.

Nicola co-authored the LAPG’s Manifesto for Legal Aid in 2015 which was launched at the House of Commons, and is responsible for producing the second edition in 2017. She has also been an active member of the Bach Commission’s Review into Legal Aid, which resulted in its final report being published in September 2017, ‘The Right to Justice’. She is also a longstanding member of the ad hoc Court of Protection Rules Committee which is reviewing and updating procedures in the Court of Protection and has been actively involved in developing the Law Society’s new accreditation scheme for representatives of vulnerable people in the Court.

Nicola was instructed in the leading case addressing how best to facilitate the participation of vulnerable people in the Court of Protection.  The judgment in A County Council v (1) AB (2) JB (3) EWCOP 4 has led to the issuing of formal guidance by Mr Justice Charles which is invaluable for practitioners and all those working in the Court to ensure that P’s voice is heard and is at the centre of the process.


London: Private client

Court of protection

Within: Leading individuals

Nicola Mackintosh - Mackintosh Law

Within: Court of protection

Mackintosh Law  is a ‘highly committed firm that will go that extra mile for the client’. The' outstanding, incredibly impressive and formidableNicola Mackintosh is ‘dedicated to her clients and to securing access to justice’. The firm specialises in mental capacity law and is regularly instructed by the Official Solicitor to the Senior Courts in vulnerable adult protection cases and challenges to deprivation of liberty under the Mental Capacity Act. It is adept at advising where there are issues about the protection of adults at risk of abuse or neglect or on issues of capacity regarding a range of issues including medical issues. Other areas of expertise include advising clients with disabilities (adults and children) and their carers about their entitlements to assessments and services from local authorities and NHS agencies.

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