Scott Storey

Call: 2015


‘Scott’s attention to detail is immaculate. He is also very responsive, approachable and accessible. He determines the key issues in a case decisively and offers clear routes forward with options to overcome any hurdle.’

Legal 500 2022

Particularly praised for his ability to ‘inspire confidence with his calm but robust presence in court when undertaking negotiations and advocacy’

Legal 500 2021

He is empathetic but firm with clients when necessary, diligent and capable of really fighting the client’s corner in the Court room.’

Legal 500 2021

Scott Storey accepts instructions on a direct access basis.

Scott has a busy public law practice encompassing mental capacity, education, community care and inquests. He is particularly recognised for navigating cases involving vulnerable adults and adolescents with sensitivity and care.

Scott frequently appears in the Court of Protection instructed by the Official Solicitor, local authorities, NHS bodies and family members. He has acted in over 250 cases in the area involving a diverse range of issues, including serious medical treatment, international relocation, sexual relations and hoarding.

Scott’s work in the Court of Protection complements and frequently intersects with his practice in education, community care and inquests, including challenges to decisions under the Care Act 2014 and related legislation, as well as inquests arising from mental health and social care contexts.

Awards

  • Dean’s Award for Top Performing Student in Civil Advocacy, MMU Law School
  • Exhibition Award, Inner Temple
  • Duke of Edinburgh Entrance Scholarship, Inner Temple

Education

  • Manchester Metropolitan University, BPTC (Outstanding) (2015)
  • Lancaster University, LLB (First Class) Hons (2013)

Scott Storey 1COR Privacy Notice (2)

Legal Expertise

Scott has considerable experience in both health and welfare and property and affairs matters in the Court of Protection before all judicial tiers. He acts in cases involving issues such as:

  • Serious medical treatment
  • Interface with the Mental Health Act 1983
  • Sexual relations
  • Hoarding
  • Internet and social media
  • International relocation
  • Deprivation of liberty, sedation and restraint
  • Physical, sexual and financial abuse
  • Challenging deputies and attorneys

Selected Cases

  • BP v Surrey County Council & Anor [2020] EWCOP 17, Mr Justice Hayden: Represented a local authority in one of the first reported Covid-19 cases in the Court of Protection, which related to suspension of family visits during the pandemic.
  • Re E [2022], Mr Justice Hayden: Acted for an NHS Trust in a serious medical treatment case concerning insertion and management of a feeding tube.
  • Re B [2022], Mr Justice Newton: Acted for a local authority in respect of a vulnerable young adult at risk of exploitation who had left their placement to initiate a relationship with a person of concern.
  • Re N [2023], Mrs Justice Theis: Led by King’s Counsel and instructed by the Official Solicitor in relation to the deprivation of liberty of a conditionally discharged patient, which considered the interface between the Mental Capacity Act 2005 and the Mental Health Act 1983.
  • Re B [2023], Mr Justice Williams: Acted for a local authority concerning a young adult with complex behaviours. The case raised issues including drug and alcohol use, sexual relations and contact with high-risk individuals.
  • Re D [2024], Senior Judge Hilder: Led by King’s Counsel and instructed by the Official Solicitor in a case involving a person wishing to engage in a novel sexual practice, which raised implications concerning capacity, best interests and interface with the criminal law.
  • Re W [2024], Senior Judge Hilder: Instructed by the Official Solicitor in a case involving the care and deprivation of liberty of a young adult with obsessive compulsive disorder who was subject to significant restrictions, including supervision by multiple carers.

Scott has been instructed in inquests (including Article 2 inquests) involving a range of subject matter, including social care, healthcare, housing, mental health and substance use.

Selected Cases

  • Re F [2020]: Article 2 inquest concerning a fatal fall at a construction site, which considered input from mental health services, housing and social care due to a background of vulnerability and homelessness.
  • Re M [2021]: Inquest relating to heroin toxicity, which examined support from substance use services and medical evidence concerning drug tolerance.
  • Re H [2022]: Article 2 inquest relating to hypoxic brain injury, which considered the statutory and practical frameworks for transitioning between children’s services and adult social care.
  • Re B [2022]: Inquest relating to an infected pressure sore within a residential placement, which considered the package of care and the placement’s sepsis protocols.
  • Re J [2023]: Article 2 inquest involving multiple impact injuries and a background of drug-induced psychosis and interactions with mental health services.
  • Re B [2024]: Inquest concerning diabetic ketoacidosis in pregnancy and treatment and support provided by healthcare and children’s services.
  • Re H [2024]: Inquest concerning the killing of an adult by a child, with consideration of input from children’s services, youth offending and the police.

Scott welcomes instructions across the full spectrum of local government and public law, with a particular focus on matters involving vulnerable adults and adolescents.

  • Community care: Challenges to decisions under the Care Act 2014 and related legislation, including care packages, charging and ordinary residence.
  • Education: Appeals against Education, Health and Care Plans (EHCPs), disciplinary/regulatory matters and claims against educational institutions.
  • Mental health: Advice and representation concerning detention under the Mental Health Act 1983 and applications to displace the nearest relative.
  • Civil liberties and human rights: Claims under the Human Rights Act 1998, particularly matters involving unlawful deprivation of liberty.

Related insights

Scott Storey recently succeeded in opposing the registration of a lasting power of attorney in the Court of Protection (‘COP’)….

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