Lee has a broad public law practice, with particular expertise in local government, social care and healthcare where he has represented clients at the Supreme Court. Lee is also an experienced Court of Protection practitioner.
In addition to his practice at the Bar, Lee sits part-time as a Deputy District Judge and nominated Judge of the Court of Protection.
Recent cases
- R (Worcestershire County Council) v Secretary of State for Health and Social Care [2023] UKSC 31, operation of s. 117, Mental Health Act 1983, and responsibility for provision under s. 117
- Royal Borough of Greenwich v CDM [2018] EWCOP 15, court’s approach to fluctuating capacity.
- Re SH [2018] EWCOP 21, court’s power to appoint an office of a corporation as a deputy (rather than the named office holder).
- Richards v Worcestershire County Council & Anor [2017] EWCA Civ 1998, scope for private law claim arising from non-performance of a public law duty.
- R (GS) v London Borough of Camden [2016] EWHC 1762 (Admin), duties of local authorities under the Care Act 2014.
- Watch Tower v The Charity Commission [2016] 1 W.L.R. 2625, junior counsel for Appellants in case considering the adequacy of a statutory tribunal as an alternative to judicial review.
- R (Hall) v Leicestershire County Council [2015] EWHC 2985 (Admin), junior counsel for Defendant in a challenge to the lawfulness of consultation on proposals to close a museum.
- R (OH) v London Borough of Bexley [2015] EWHC 1843 (Admin), challenge to decision to reduce levels of funding for community care needs.
Expertise
- Health and Social Care
Lee has extensive knowledge of community care and healthcare law, and regularly advises local authorities and NHS bodies on their duties. Lee is able to help on matters including:
- Care provision duties
- Service provision for those subject to immigration control
- Ordinary residence / responsible commissioner disputes
Lee is ranked in Chambers and Partners as a leading junior in community care law:
“Lee Parkhill handles community care matters as part of his broad public law practice. He acts for both claimants and defendants in disputes over care provision arrangements and decisions.” Strengths: “Lee is a very good advocate and does some very interesting public law work.” “He is pragmatic and helpful in dealing with vulnerable clients.” Recent work: Defended Hackney Council in a judicial review challenging a Care Act assessment. The claimant had various illnesses and difficulties; however, the social worker concluded that they did not have needs that met the Care Act’s eligibility criteria.” Chambers and Partners 2022
Selected cases include:
- R (Worcestershire County Council) v Secretary of State for Health and Social Care [2023] UKSC 31, operation of s. 117, Mental Health Act 1983, and responsibility for provision under s. 117
- R (BG & Anor) v Suffolk County Council [2022] EWCA Civ 1047, scope of duties under the Care Act 2014 and local authority obligations to fund recreation
- R (ZK) v Norfolk County Council & Anor [2021] EWHC 1249 (Admin), challenge to commissioning decisions under s. 117, Mental Health Act 1983
- R (AA) v London Borough of Hackney [2021] EWHC 674 (Admin), challenge to assessment of needs under Care Act 2014
- Richards v Worcestershire County Council & Anor[2017] EWCA Civ 1998, scope for private law claim arising from non-performance of a public law social care duty
- R (GS) v London Borough of Camden[2016] EWHC 1762 (Admin), scope of duties of local authorities under the Care Act 2014
- Section 117 after-care statutory guidance – a missed opportunity?06 Feb 2024
- Supreme Court to give judgment in s.117 after-care appeal08 Aug 2023
- Discharge of deputies appointed by the Court of Protection20 Jul 2020
- NEW BRIEFING – Local authorities post COVID-19. All you need to know01 Jul 2020
- Cornerstone Barristers act in judicial review on ordinary residence30 Jun 2020
- Lee Parkhill joins Cornerstone Barristers23 Apr 2019
- Court of Protection
Lee regularly appears in the Court of Protection, both in welfare and property and affairs cases. Lee has advised and acted for clients including local authorities, NHS bodies, professional deputies; the Public Guardian; and private individuals.
Lee is ranked as a leading junior for Court of Protection, welfare, by Chambers & Partners, and is ranked as a leading junior for Court of Protection and Community Care by Legal 500:
“An excellent barrister. His knowledge of his subject areas is incredible, and he conveys complex information in a clear manner that professional and lay clients understand.” Legal 500, 2023
Lee’s Court of Protection cases include:
- Re AB [2021] EWCOP 21, welfare dispute as to residence and care
- DP v London Borough of Hillingdon (Rev 1) [2020] EWCOP 45, court’s approach to s. 21A DOLS challenges, and the operation of s. 48, interim orders
- Cumbria County Council v A [2020] EWCOP 38, power of the court in respect of property and affairs deputies and termination of appointments
- Royal Borough of Greenwich v CDM (Rev 1) [2019] EWCOP 32, welfare and residence dispute
- Royal Borough of Greenwich v CDM [2018] EWCOP 15, court’s approach to fluctuating capacity
- Re SH [2018] EWCOP 21, court’s power in respect of appointing deputies for property and affairs
- Re NRA & Ors [2015] EWCOP 59, the process for authorising a deprivation of liberty in the community
- Re SH [2018] EWCOP 21, appointment of an office holder as deputy for property and affairs
- Re MRJ [2014] EWCOP B15, court’s power to suspend a lasting power of attorney
- Section 117 after-care statutory guidance – a missed opportunity?06 Feb 2024
- Lee Parkhill is nominated to sit as a Judge in the Court of Protection21 Aug 2023
- Discharge of deputies appointed by the Court of Protection20 Jul 2020
- NEW BRIEFING – Local authorities post COVID-19. All you need to know01 Jul 2020
- Property and Affairs Deputies: limits on authority, and managing conflicts of interest04 Mar 2020
- Lee Parkhill joins Cornerstone Barristers23 Apr 2019
- Public Law and Judicial Review
Lee advises and represents both claimants and defendants in judicial review proceedings.
He is regularly instructed by local authorities, but is also instructed by claimants on matters including: re-organisation of public services, disputes as to the provision of care and challenges to the decisions of ombudsmen and regulators.
About Lee
- Directory Quotes
- Community Care: “Lee recognises difficulties of a case and puts forward submissions in a very measured way.” “He is very persuasive.” Chambers and Partners 2024
- Court of Protection: Health & Welfare: “Lee has exceptional insight and commercial knowledge into the workings, procedures and needs of the organisations he represents.” “Lee is timely, approachable, keen to profess cases and always pragmatic.” Chambers and Partners 2024
- Court of Protection and Community Care: “Lee has a broad knowledge of the subject, is considered in his viewpoints and has considerable experience in community care, which inspires confidence. He is meticulous in preparing cases and has a persuasive advocacy style. He sees cases through and is always willing to go above and beyond in supporting the development of a case from inception.” Legal 500 2024
- Community Care – “Lee Parkhill handles community care matters as part of his broad public law practice. He acts for both claimants and defendants in disputes over care provision arrangements and decisions.” Strengths: “He is very user-friendly and knowledgeable.”
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Court of Protection: Health & Welfare – “Lee Parkhill is a dynamic public law barrister offering considerable expertise in Court of Protection, social care, healthcare and local government matters. He is adept at handling cases concerning deprivation of liberty and forced marriage. Regularly instructed by NHS bodies, local authorities, the Official Solicitor and individuals.” Strengths: “Lee is very helpful and approachable.”
- Court of Protection: Health & Welfare –“An impressive advocate who is clear about his client’s position and easy to negotiate with.” “A clear-thinking and measured problem solver.” Chambers and Partners 2022
- Community Care – “Lee is a very good advocate and does some very interesting public law work.” “He is pragmatic and helpful in dealing with vulnerable clients.” Chambers and Partners 2022
- Court of Protection and Community Care – “An excellent barrister. His knowledge of his subject areas is incredible, and he conveys complex information in a clear manner that professional and lay clients understand.” Legal 500 2022
- Court of Protection: Health & Welfare – “Good on the law, sensible and measured.” “He is extremely knowledgeable, bright and practical. A confident and eloquent advocate.” Chambers and Partners 2021
- Community Care – “Handles community care matters as part of his broad public law practice. He acts for both claimants and defendants in disputes over care provision arrangements and decisions. Strengths: “Very calm and collected and obviously knows his stuff. He is admirable and confident.” “A thoughtful and considerate barrister.” “He is approachable and a pleasant to work with – he’s cooperative and very solution-oriented.” Chambers and Partners 2021
- “A persuasive and confident advocate, his knowledge and experience in respect of Court of Protection litigation is outstanding.” Legal 500 2021
- “Lee is excellent – he brings a public law rigour to Court of Protection cases and is able to distil the peripheral detail and cut to the principal points of the case quickly.” “He is down to earth, personable and very good on the law.” Chambers and Partners 2020
- “He is very fair, easy to work with and very knowledgeable about this area of law.” “He’s very organised and is on top of all the papers. He’s a pleasure to deal with.” Chambers and Partners 2020
- Appointments
Deputy District Judge, County Court
- Associations
- Constitutional and Administrative Law Bar Association (ALBA)
- Court of Protection Bar Association
- Publications
- Notable Cases
- Lee Parkhill appears in successful Supreme Court appeal10 Aug 2023
- Court of Protection: Appropriateness of summary disposal of applications15 Feb 2024
- Court of Appeal: Holidays and recreation for people with care needs13 Jun 2022
- Cornerstone Barristers act in judicial review on ordinary residence30 Jun 2020
- Events
