Kathryn Stewart

Senior Associate

Experience

Kathryn is a Senior Associate in the Advisory team at Capsticks where her work covers the areas of Court of Protection, Inquests, Public Law, and Information Law to a range of healthcare clients. Kathryn:

  • Represents and supports ICBs and NHS Trusts with a range of applications to the Court of Protection, including s.16 and section 21A MCA challenges in relation to residency and care arrangements.
  • Advises NHS organisations in respect of serious medical treatment applications where best interests are in dispute, including obstetric care and treatment, and applications for anticipatory orders.
  • Provides advice and support to NHS Trusts concerning withdrawal of treatment from adults and children and the need for court authorisation.
  • Advises and represents NHS Trusts and ICBs on a broad range of healthcare law matters, including: applications regarding capacity and the COVID-19 vaccine, safeguarding concerns in the home, and advice on community packages of care.
  • Regularly completes and advises on applications to authorise Deprivation of Liberty in the community, including COP DOL11 applications.
  • Manages inquests including undertaking advocacy at the Coroners Court, including Article 2 inquests and Inquests requiring a jury.
  • Handles requests under data protection legislation and provides a wide range of advice on all areas of information law.

Kathryn also provides training to clients. Recent sessions have included Inquest Preparation, Issues of Capacity and Consent under the MCA 2005, and End of Life Decisions and Withdrawal of Treatment.

    Notable projects

    • Leading on the arrangements for national and regional Sexual Assault Referral Centre (SARC) services for a number of NHS clients, including advising on the funding, management, and co-commissioning aspects of delivery. 
    • Advising a Foundation Trust on a 3-partner wide section 75 arrangement for the integrated delivery of mental health and social care services. 
    • Advising on a large-scale regulatory project.

    Admitted as a Solicitor

    2016

    Memberships

    • The Law Society

    Qualifications

    • LLB (Hons) Law, University of Leicester
    • LPC, University of Law, Guildford

    Contact Kathryn Stewart