Francesca Gabbitas has impressive experience of novel and complex Court of Protection welfare cases, demonstrating strong knowledge of the area, as well as care and sensitivity when dealing with vulnerable clients.
— Legal 500 2024 Testimonial
Francesca Gabbitas
Mental Capacity Solicitor, Head of Department
Testimonials
Francesca specialises in the Mental Capacity Act and matters dealt with under the inherent jurisdiction, she has been a recommended lawyer in the Legal 500 since 2022 and is an Accredited Legal Representative (ALR) under the Law Society Mental Capacity Accreditation Scheme
Francesca is regularly instructed directly by individuals and on behalf of ‘Protected Persons’ through paid representatives and the Official Solicitor in complex disputes in the Court of Protection and the High Court.
Francesca has significant experience representing clients with very complex disabilities including acquired brain injuries, mental health issues and severe autism, as well as clients with communication difficulties.
Francesca specialises in all welfare matters for vulnerable individuals such as issues relating to a person’s deprivation of liberty as well as best interest decisions including care, residence, medical treatment, contact, engaging in sexual relations, consent to marriage, access to the internet and social media.
Francesca also regularly acts in cases with complex family dynamics including safeguarding and her matters have had notably complex capacity issues where P has a very rare diagnosis or has been assessed as having fluctuating or borderline or capacity.
Francesca recently acted in a case where she represented P’s husband in a linked matter being heard across the Family Courts, Court of Protection and Inherent Jurisdiction to determine P’s capacity to marry and engage in sexual relations, raising complex issues of cultural differences and relevant information.
Francesca represented a family member in a reported matter that explored issues around the causative link when considering capacity and ‘enmeshed’ relationships. Francesca has advised clients and was part of a media review into family members’ access to loved ones in care homes which resulted in the CQC providing updating guidance on the issue.