Francis Lyons
Partner
Francis is Head of Capsticks’ Court of Protection and Mental Health teams and leads our emergency out-of-hours service. He provides legal support for public authority decision-making, including the commissioning and delivery of services, as well as associated policies, legal challenges and complaints. Francis regularly advises on statutory duties, judicial reviews and public inquiries.
Notable Projects
- Advice on the Covid-19 Inquiry, the Lampard Inquiry, the Infected Blood Inquiry and the Brook House Inquiry amongst others
- Francis was part of a working group advising the Court of Protection Rules Committee in relation to withdrawal of treatment cases prior to the “Y” Supreme Court case.
- He regularly advises in reported “serious medical treatment” matters. Many of his mental health cases are cited in Jones’ Mental Health Act Manual
- The European Court described the disputed policy that Francis advised on as “exemplary” in the Munjaz case and which resulted in changes to the Code of Practice
- Regularly instructed in complex mental health tribunals including those with public hearing applications. He advised on the ‘Haines’ case, establishing the public interest test.
- His older advice on the unlawful delegation of the Secretary of State’s s.12 MHA approval functions resulted in emergency legislation – the Mental Health (Approval Functions) Act
- Past Course Director of Capsticks’ Open University accredited Diploma in Clinical Risk and Claims Management.
Publications
- Francis advised on the BMA publication, “The Ethics of Caring for Older People”.
- He has published articles in Community Health & Social Care, the New Law Journal, Solicitors Journal, and Medical Law Monitor.
- Previous Advisory Board member for Sweet & Maxwell’s Westlaw UK online encyclopaedia.
Chambers/Legal 500 Rankings
- 2024 Chambers & Partners: "Francis is one of the very best. In the most stressful of cases, Francis provides a sense of calm, cool competence that is reassuring. He is an absolute pleasure to work with."
- 2024 Legal 500: ‘Francis Lyons is charming, unflappable and a pleasure to work with. One of the best out there for complex serious medical treatment cases …Francis Lyons is a superb CoP partner, knows everything about everything. Really thorough knowledge of health legislation in particular and the complete service to the health sector in terms of Court of Protection proceedings.’
Qualifications
- LLB (Hons) Southampton
- LPC, College of Law, Guildford
