Angela Hodes is an established Court of Protection practitioner with extensive experience drawn from practising in all aspects of family law.
For many years she specialised in declaratory relief involving decisions relating to capacity. Since the advent of the Mental Capacity Act 2005 she is well known for her focus on health and welfare decision-making for adults who lack capacity.
Angela is regularly instructed by the Official Solicitor who acts for vulnerable adults. She also acts for families and statutory bodies.
Her cases regularly cover challenges to decisions made on behalf of adults who may lack the capacity to decide about their own health and welfare, contact and residence; complex matters relating to an individual’s capacity and deprivation of liberty safeguards, including challenges under section 21A of the Mental Capacity Act 2005.
Angela has been Assistant Coroner for London Inner West since 2009. She also represents both the families of the bereaved and other parties and public bodies at inquests.
She is an experienced mediator (Regents College SPC accredited) and chair of round table conferences. Many of her cases are resolved successfully through mediation whether as mediator or as counsel for family, health and social care disputes without the need for judicial determination.
Angela contributed to ‘Dementia and the Law’, writing the chapters on ‘Welfare and best interests’ and ‘Resolving disputes: Mediation and ADR’
She is a trustee for Norwood, a charity for children and families and a trustee of the Genesis Research Trust.
If you would like more information about Angela’s practice, please contact her clerks or call +44 (0)20 7405 6114.
Notable cases
- Primary Care Trust & Anor v AH & Ors [2008] 2 FLR 1196: In relation to a vulnerable adult living with his adoptive mother where neither were complying with a treatment regime the court highlighted concerns that the close identification of the mother with her son made it difficult to determine whether his views were his own The President considered whether, under the Mental Capacity Act, he could make orders similar to those he could make under the inherent jurisdiction of the Family Division. Concluding in the affirmative he proceeded to make an order for P’s removal to hospital for assessment away from his mother with the use of proportionate restraint if necessary.
- Dorset CC v EH [2009] EWHC 784 (Fam): Despite the Official Solicitor’s view and independent expert’s opinion that EH, an elderly lady with dementia, should be assisted to continue to live at home the judge agreed with the local authority that it was in EH’s best interests to be deprived of her liberty in residential accommodation for her own safety.
- B Borough Council v S [2006] EWHC 2584 (Fam): Local authority seeking without notice relief in respect of husband’s hospitalisation in home for elderly mentally infirm – Whether authority correct to issue without notice proceedings.
- Re A Local Authority (Inquiry: Restraint on Publication) [2004] Fam 96: Inherent jurisdiction and restraint on publication of inquiry report.
- D-R v D-R [1999] 1 FLR 1161 CA: The Court of Appeal held there was no presumption of contact between a parent and a vulnerable adult.
Education
- BA (Hons) London
Professional memberships
- FLBA
- ALC
- Young Minds; Medico-Legal Society
- The Coroners’ Society of England and Wales
Privacy Notice