1GC | Family Law

Malcolm’s practice encompasses complex Court of Protection work and care proceedings. He is regularly instructed in High Court matters by local authorities, parents, children’s guardians and the Official Solicitor.

In the Court of Protection, he concentrates on health and welfare cases including Serious Medical Treatment cases, and cases involving incapacitated or vulnerable young people who are leaving the care system. In September 2025 Malcolm was named Junior of the Year for Court of Protection work at the Legal 500 Bar awards.

His care proceedings work involves serious allegations of non-accidental injury,

Malcolm has a particular interest in the highly complex interface between the Mental Capacity Act 2005 and the Mental Health Act 1983, and has been a part-time tribunal judge of the Mental Health Review Tribunal for over 20 years.

Notable cases:

Norfolk County Council v CA & Ors [2024] EWCOP 64 (T3): Issues in the Court of Protection involving coercion and control

Tickle v Herefordshire Council & Others [2022] EWHC 1017 (Fam): reporting restrictions relating to BBC Panorama programme concerning the local authority

A Local Authority v JK & Anor [2021] EWHC 33 (Fam): Notification to birth father of proposed adoption

Abertawe Bro Morgannwg University Local Health Board v RY [2017] EWCOP 2: Withdrawal of treatment - emphasising the difficulty faced by courts when P’s purported wishes and feelings are obscured by unreliable evidence from family members. Malcolm acted for the Health Board.

A Local Authority v D, E, and C (A Child) [2016] EWHC 3473 (Fam): Deprivation of liberty of a Gillick-competent 15-year-old child.

An NHS Trust v AB (A Child) and Others [2016] EWCA Civ 899: Court of Appeal refused parents’ appeal against refusal of High Court Judge to escalate treatment for a severely brain-injured child. Malcolm acted for CAFCASS Legal .

Re X (A Child) [2015] EWHC 2778 (Fam); [2015] EWCA Civ 1159: Court of Appeal: withdrawal of treatment from a seriously ill 11-year-old child. Malcolm acted for CAFCASS Legal.

X v (1) A Local Authority (2) NHS Trust [2014] EWCOP 29: Malcolm successfully argued that a retired lawyer suffering from Korsakoff’s psychosis nevertheless had capacity to make decisions regarding his residence and care needs.

RC v CC & X Local Authority [2014] EWHC 131 (COP): The correct approach to be taken when a party seeks to withhold disclosure of documents in the Court of Protection. Malcolm acted for the Official Solicitor.

Re Z (Adoption: Scottish Child Placed in England: Convention Compliance) [2012] EWHC 2404 (Fam): Malcolm acted for the adopter in proceedings where adoption unsuccessfully opposed by birth parents on the grounds that the Scottish legal procedure leading to the placement of the child in England breached their rights under Articles 6 & 8.

Re W (Adoption Order: Set Aside and Leave to Oppose) [2011] 1 FLR 2153, CA: Malcolm successfully acted for the adopter – the Court of Appeal gave guidance for courts faced with a late application to oppose adoption.

X County Council v B (Abduction: Rights of Custody in the Court) [2010] 1 FLR 1197: The court can itself be seized of custody rights when dealing with an application involving child's place of residence.

Re A (A Child) (Adoption: Removal) [2009] 2 FLR 597, CA: Placement of children overseas for the purposes of adoption.

Re T (Care Order) [2009] 2 FLR 574, CA: Court's duties when presented with a proposed agreed order in care proceedings.

X & Y v A Local Authority (Adoption: Procedure) [2009] 2 FLR 984, FD: Wholesale breach of adoption rules in FPC.

Re LM (Reporting Restrictions: Coroner's Inquest) [2008] 1 FLR 1360, FD: Restrictions on publicity/Art 8/Art 10.

Greenwich London Borough Council v S [2007] 2 FLR 154, FD : Convention adoption order/habitual residence.

Year of Call: 1989, Inner Temple Appointed as part time tribunal judge (First-Tier Tribunal, Mental Health) in 2004 Appointed to sit in the Court of Protection in 2020 Appointed as a legal member of the Guernsey Capacity and Mental Health Review Tribunal in 2022.

Family Law Bar Association, Association of Lawyers for Children Founding committee member, CPBA 

Sidney Sussex College, Cambridge (MA, Law)