Court of Protection

Caroline Hurst

Court of Protection Senior Associate Lawyer

Manchester

Caroline Hurst is a Senior Associate Lawyer in our Court of Protection team, based in our Leeds office.

Professional Biography

Caroline graduated from Sheffield Hallam University in 2003 with a Bachelor of Laws (LLB) (Hons), achieving a 2:1. She went on to qualify as a Chartered Legal Executive in February 2011 and has since built a highly respected career in Court of Protection health and welfare law. She is also a qualified Mental Health First Aider, which reflects her commitment to understanding and supporting the wellbeing of her clients.

Caroline represents individuals who lack the mental capacity to make certain decisions about their lives, ensuring that their rights and best interests are protected. She works across a broad range of capacity-based decisions, including residence, care, and contact with others. She has developed a specialism in supporting young people in cases concerning their capacity to engage in sexual relations and their use of the internet and social media.

In addition, Caroline has a particular interest in cross-jurisdiction cases, particularly where a person placed in England and Wales from another country is subject to a deprivation of liberty (where an individual is placed under continuous supervision and is not free to leave due to concerns about their safety and wellbeing). She has experience in complex legal arguments concerning how such deprivations should be authorised and has been involved in landmark cases shaping this area of law.

Caroline’s role is highly dynamic, often requiring urgent responses. Whilst her day may start with reviewing medical records, preparing instructions for a barrister, or visiting a client, she is frequently required to attend emergency hearings, meet clients in hospital to discuss urgent medical treatment decisions, or respond to fast-moving legal developments. Her ability to adapt and respond quickly ensures that the vulnerable individuals she represents receive the highest level of legal support.

Testimonials

  • "I have recently completed a 21a challenge with Caroline Hurst. I have known Caroline on a professional basis for a while now. She always goes the extra miles to support the vulnerable to have their rights upheld, and because of her perseverance she manages to get positive outcomes for the people we jointly support. She is friendly, down to earth and very knowledgeable. I will definitely be asking Caroline to work with me on future challenges."

    Stephen

    Client

  • "Caroline Hurst has massive experience and a great inclination for the likely path a case will take and how best to navigate it. I love working with this firm"

    Industry Professional

    Legal 500 Testimonials

  • "Caroline Hurst has massive experience and a great inclination for the likely path a case will take and how best to navigate it. I love working with this firm"

    Industry Professional

    Legal 500 Testimonials

  • "Caroline is a passionate and committed advocate for her clients"

    Industry Professional

    Chambers and Partners 2022/2023

  • "Caroline's expertise and knowledge is obvious. She adopts a pragmatic approach to complex matters and avoids dogma when faced with alternative points of view."

    Industry Professional

    Chambers and Partners 2022/2023

  • "She fights ruthlessly for her clients."

    Industry Professional

    Chambers and Partners 2022/2023

  • "I worked with Caroline Hurst on a challenge raised by a person who wished to return home from his care home. It was a long and complex case, but Caroline always kept in touch and explained matters to me. She engaged well with the client and was very flexible in when she met with him, to meet his preferences. She carried on holding up his rights even when, at times, it seemed that him returning home was further way than when we started. After nearly three years, the client has finally returned home, and that is certainly down to all the effort and support that Caroline put into the case. I won't hesitate in recommending Caroline to my advocacy colleagues, and I hope that I will be able to work with Caroline again soon."

    Industry Professional

    Advocate

Professional Memberships/Accreditations           

Caroline is a member of the Court of Protection Practitioners Association (CoPPA) and sits on the CoPPA committee for Yorkshire and the Humber. Caroline is  Dementia Champion for the Alzheimer’s Society and a media volunteer for Epilepsy Action.

Links To Any Publications / Articles Written

Caroline has been published in collaboration with Bridget Dolan KC in Community Care, where they examined a damages claim for forced celibacy and the legal implications for local authorities failing to promote an individual’s capacity.

Case Studies / Notable Cases

Caroline has played a key role in several high-profile cases that have shaped legal precedent in the Court of Protection:

  • Re A (Capacity: Social Media and Internet Use: Best Interests) [2019] EWCOP 2 – This case established the legal test for determining whether a person has the capacity to make decisions about using the internet and social media, setting an important legal framework for future cases.
  • Re SF (Aberdeenshire Council v SF & Ors (No. 2) [2024] EWCOP 10) – This was a groundbreaking case that determined, for the first time, whether a Scottish Guardianship Order could lawfully authorise a deprivation of liberty in England and Wales. The court ruled that it could not, as the legal process used to obtain the Guardianship Order was found to be fundamentally contrary to the individual’s human rights. This was the first reported decision in which a protective measure from another UK jurisdiction was refused recognition in England and Wales.

Awards and Recognitions              

Caroline was shortlisted for Legal Aid Lawyer of the Year in the Social Welfare category in 2018, recognising her dedication to ensuring vulnerable individuals receive the legal support they deserve.

Caroline has always been drawn to law, and she cannot remember a time when she didn’t want to be a lawyer. What drives her is the knowledge that her clients, many of whom cannot advocate for themselves, deserve the same access to justice as anyone else. The people she represents often require complex care packages or life-changing decisions to be made on their behalf, and she is passionate about ensuring that their rights, wishes, and best interests remain at the heart of the legal process.

She finds Court of Protection work rewarding, knowing that success can be measured in many ways, whether it’s a small but significant improvement in a client’s quality of life, such as being able to see a family member more regularly, or a major change, such as securing a move to a more suitable home.

Given the emotionally demanding nature of her work, Caroline believes it is important to have downtime. She enjoys baking, where she is known for her unconventional flavour combinations, and there is never a shortage of volunteers to taste-test her latest creations. She also loves to read, go for walks on the North Yorkshire Moors, and has recently taken up wild swimming as a way to unwind.

Her work in the Court of Protection is challenging, fast-paced, and constantly evolving, but she thrives on the variety it brings and takes pride in knowing that she is making a meaningful difference in the lives of her clients.

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