Alex Ruck Keene, KC (Hon)

Barrister, 39 Essex Chambers

Alex Ruck Keene KC (Hon) is an experienced barrister, writer and educator. His practice is focused on mental capacity, mental health and healthcare law. He also writes extensively, editing and contributing to leading textbooks and (amongst many other publications) the 39 Essex Chambers Mental Capacity Law Report, the ‘bible’ for solicitors (and others) working in the area. He is the creator of the website Mental Capacity Law and Policy, providing resources and expert commentary on some of the most difficult mental capacity issues.

Alex complements his practice with a deep interest in research and education. He is a Visiting Professor at the Dickson Poon School of Law, King’s College London, a Visiting Professor at the Geller Institute of Ageing and Memory, University of West London, a Visiting Senior Lecturer at the Institute of Psychiatry, Psychology and Neuroscience, King’s College London and a Research Affiliate at the Essex Autonomy Project, University of Essex. In addition to his academic positions, he lectures widely on the Mental Capacity Act 2005 and the Mental Health Act 1983 and trains judges, social workers, doctors, nurses and other professionals who have cause to work with them.

Alex now spends much of his time on policy matters. He is currently a consultant on the Law Commission’s Disabled Children Social Care project, having previously been a consultant to their Mental Capacity and Deprivation of Liberty Project. Throughout 2018, he was the legal adviser to the Independent Review of the Mental Health Act 1983. He was a specialist adviser to the Joint Committee on Human Rights for their 2020 inquiry into the human rights implications of the Government’s response to COVID-19 and specialist adviser into their 2021-2022 inquiry into human rights in the care setting. He sits on the Court of Protection Rules Committee, and is also a member of the International Family Law Committee, with a specific brief to raise the profile of cross-border capacity issues. He also sits – uniquely – on both the Mental Health and Disability Committee of the Law Society of England and Wales and on the Mental Health and Disability Sub-Committee of the Law Society of Scotland.

In March 2022, Alex was made an honorary KC, reflecting his contributions to mental capacity and mental health law outside the court room.

Contributed to

9

Court of Protection—reconsideration and appeals

Practice Notes

This Practice Note, written by Alex Ruck Keene KC (Hon) of 39 Essex Chambers, sets out when decisions made by the Court of Protection can be reconsidered; how they can be appealed, and the basis upon which appeals will be considered by the higher courts. Appeals within the Court of Protection and appeals to the Court of Appeal and the Supreme Court are covered. The note also explains the appeal structure of the Court of Protection and when permission is required to appeal a decision.

Private Client

Deprivation of liberty court procedure

Practice Notes

This Practice Note, written by Alex Ruck Keene KC (Hon) of 39 Essex Chambers, deals with the enforcement powers of the Court of Protection where a deprivation of liberty application is made. The procedure involved in taking the matter to court is explained, including an explanation of the relevant forms to be used and the procedure is encapsulated in a procedural checklist.

Private Client

Human rights and the Court of Protection

Practice Notes

This Practice Note covers the application of the Human Rights Act 1998 and the European Convention on Human Rights (ECHR) to the Court of Protection and also touches on the relevance of the United Nations Convention on the Rights of Persons with Disabilities. It explains the powers of the court where there has been a breach of human rights and gives guidance to practitioners on some of the key points they will need to consider, particularly when seeking redress for breaches of the ECHR.

Private Client

Instructing psychiatrists in the Court of Protection

Practice Notes

This Practice Note examines the circumstances in which psychiatrists are instructed prior to, and during, proceedings in the Court of Protection. It discusses the rules governing the instruction of experts, as well as practical considerations relating to how and when to instruct psychiatrists.

Private Client

Safeguarding and the Court of Protection

Practice Notes

This Practice Note considers the statutory basis for safeguarding issues which frequently underpin or arise in welfare proceedings in the Court of Protection, with reference to the changes to the law in England and Wales made by the Care Act 2014 and Social Services and Well-being (Wales) Act 2014. It explains how the Court of Protection proceedings form an aspect of safeguarding and the steps that must be taken when deciding whether or not an application to the Court of Protection is necessary as a result of a safeguarding investigation. It also sets out what should happen when safeguarding concerns arise while Court of Protection proceedings are underway.

Private Client

Serious medical treatment cases in the Court of Protection

Practice Notes

Serious medical treatment (SMT) cases are a small but very important (and high profile) aspect of the work of the Court of Protection. This Practice Note outlines the central principles underpinning the medical treatment of those without consent, before discussing how serious medical treatment decisions are defined, the court’s powers on an SMT application and the key aspects of case management in SMT cases.

Private Client

The deprivation of liberty safeguards

Practice Notes

The case of HL v United Kingdom in 2004 (the Bournewood case) stated that any procedures prescribed by law in the case of a person with a mental disorder being deprived of their liberty must be followed. This Practice Note describes the deprivation of liberty safeguards (also known as the Bournewood safeguards) introduced into the Mental Capacity Act 2005. It explains those safeguards and the concept of ‘deprivation of liberty’.

Private Client

Urgent applications in the Court of Protection

Practice Notes

Given the nature of the decisions that the Court of Protection is called upon to make, it can on occasion be necessary to seek relief very urgently from the court, either during the course of a case or before the case is even on foot. This Practice Note outlines how to make such an application and the principles that apply.

Private Client

Welfare and health decision making in the Court of Protection

Practice Notes

This Practice Note explains the powers of the Court of Protection to make decisions relating to health and welfare of those without capacity to make the relevant decisions for themselves. It then addresses those issues specific to the applications for such decisions including the evidence required, directions hearings, fact-finding hearings and costs.

Private Client