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Simon Burrows

Simon Burrows

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Simon Burrows specialises in cases arising out of the Mental Health Act and Court of Protection, and is recognised as a leader in his field.

He has regularly appeared in some of the most significant cases in these areas including:

  • The leading case on deprivation of liberty in a social care setting (P v Cheshire West & Chester [2014] A.C. 896)
  • A leading case on deprivation of liberty in a domestic setting (Rochdale Council v KW [2016] 1 WLR 198)
  • The Re-X cases heard by the President in 2015 defining the way forward for Court of Protection procedure, and many others concerning the interface between the Mental Health Act and the Mental Capacity Act: J v Foundation Trust [2010] 3 WLR 840, and C v Blackburn with Darwen BC [2011] EWHC 3321.

He also appears in the First Tier and Upper Tribunals on mental health cases (see AMA v Greater Manchester West Mental Health NHS Foundation Trust [2015] UKUT 36, PJ v A Local Health Board [2015] UKUT 480) and in the leading authority on restricted patients and conditional discharges (Secretary of State for Justice v RB [2012] 1 WLR 2043).

He has considerable experience advising public authorities (local councils, CCGs and NHS Trusts) on all issues arising out of mental health and social care, including civil actions arising out of psychiatric treatment, and judicial review/habeas corpus applications.

He is experienced at complex inquests arising out of psychiatric care (homicides by patients, and suicides of patients), as well as those involving possible systemic failure on the part of public authorities.


Simon writes and teaches on his areas of practice. He trains members of the mental health tribunal on mental capacity for the Judicial College.

He is the author of the Mental Health Act volume in Atkins Court Forms, two chapters in Judicial Review Law & Practice (Patterson & Karim) and the chapter on Health Care and Social Care in Community Care Law & Local Government Handbook (Butler).

He is also a practitioner editor of the International Journal of Mental Health and Capacity Law.

Appointments & Memberships

  • Simon is a national committee member of the Court of Protection Practitioners Association (COPPA)
  • He is a Trustee of a Lancashire Football Club’s Community Foundation, and an Advocacy Charity
  • Since 2003, Simon has been a fee-paid (part time) Judge of the mental health tribunal

Simon Burrows is regulated by the Bar Standards Board (BSB) and holds a current practising certificate. If you are not satisfied with the service provided, please click here.

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