Sophie Maloney

Biography

Sophie is a Partner and heads the firm's Court of Protection department. The department acts for vulnerable adults and family members in Court of Protection proceedings.

Sophie has been certified by the Law Society as an Accredited Legal Representative in mental capacity (welfare). She is also Secretary of the Northwest Committee of the Court of Protection Practitioners Association.

Sophie completed her law degree at the University of Sheffield and joined the department in 2012, when she began specialising in mental capacity, best interests and deprivation of liberty cases.

She represents clients in complex mental capacity and best interests disputes before the court, and regularly receives instructions from the Official Solicitor and Independent Mental Capacity Advocates.

Sophie regularly deals with complex cases in the Court of Protection, including:

• The interplay between the Mental Capacity Act 2005 and Mental Health Act 1989.
• Sensitive cases involving issues of religious observance.
• Serious medical treatment cases, including withdrawal of life-sustaining treatment.
• Disputed property and affairs proceedings, including removal of an attorney.

Sophie also has experience of community care law in obtaining lawful assessments of care needs, suitable accommodation and social care support from both social services and the NHS. In addition to challenging decisions of public bodies to remove or reduce care packages and refusals to fund treatment, she also has experience representing clients lacking capacity who are in the midst of possession proceedings.

Cases of note:

Oldham Metropolitan Borough Council v KZ & Ors [2024] EWCOP 72 (T3)

Northern Care Alliance NHS Foundation Trust -v- KT and Others [2023] EWCP 46

EG & Anor v AP & Ors [2023] EWCOP 15

Areas of specialism:

• Court of Protection health and welfare proceedings
• Mental Capacity Act 2005
• Appeals against deprivations of liberty under s21A Mental Capacity Act 2005
• Community Care, Care Act 2014
• Judicial Review

Recent case studies

Vulnerable adult - residence & care - Sophie represented a vulnerable adult in a sensitive case involving a dispute between family members in relation to their fathers' residence and care. Read more

Deprivation of liberty challenge - Sophie represented a vulnerable adult in an interesting and complex case where both a husband and wife wished to leave the care home where they had been placed. Read more

What our clients say

"I am an independent mental capacity advocate, and contacted Stephensons on behalf of a client who wished to challenge the Deprivation Of Liberty that was in place for her... My client's case was allocated to Sophie Maloney, and she has been friendly and approachable from the start. This particular case is complex and changes almost daily - Sophie's extensive knowledge has been invaluable. She is always responsive when I contact her and she explains things in a way that makes it easier for me to understand - which in turn helps me to support my client. I am aware that colleagues have now referred cases to Sophie, and we look forward to working with her again in the future." - View from an Independent Mental Capacity Advocate

"I instructed Sophie in relation a public law matter. My experience was nothing short of perfect. Person centred for my clients, knowledgeable and informative and kept me in the loop with all matters. Wouldn’t hesitate using Sophie again." - View from an Independent Mental Capacity Advocate

"I would recommend Stephensons who handled my case professionally, honestly and compassionately. Any queries have been dealt with swiftly and the dialogue has been two way, always available to ask questions to and offer suggestions and advice. The friendly, professional service has made a very difficult time that bit easier and provided much needed support." - View from a satisfied client

"Looked after my autistic son for years was a paralegal then qualified nothing was to much for her and my son will never forget the constant support and care we felt very supported would use them again." - View from a satisfied client

"Sophie Maloney the solicitor was very helpful, friendly, professional and honest in giving me advice how to deal with the local authority about concerns with my mothers care in a care home. I would recommend her to anyone. She is an excellent solicitor." - View from a satisfied client