Chambers UK Guide 2024

We are delighted that Nicola Mackintosh KC (Hon) has been recognised in the Chambers UK Guide 2024.

Mental Health: Patients - UK-wide

Star Individual

Nicola Mackintosh possesses significant expertise in mental health and capacity law, including deprivation of liberty cases. She frequently represents vulnerable clients in the Court of Protection.

"Nicola is outstanding in her knowledge and her passion for her clients, and for endeavouring in supporting the best decision for the clients. She is superb."

"She is absolutely tireless and never stops fighting for clients."

ental Health: Patients - UK-wide

Court of Protection: Health & Welfare - UK-wide

Band 1

Nicola Mackintosh of Mackintosh Law has a stellar reputation for handling complex health and welfare proceedings for disabled clients who lack capacity and those with mental illnesses.

"She has outstanding knowledge."

"Nicola never stops fighting for clients."

"She has the ability to understand the important details of the case."

tar Individuals

Nicola Mackintosh possesses significant expertise in mental health and capacity law, including deprivation of liberty cases. She frequently represents vulnerable clients in the Court of Protection.

Strengths

"Nicola is outstanding in her knowledge and her passion for her clients, and for endeavouring in supporting the best decision for the clients. She is superb."

"She is absolutely tireless and never stops fighting for clients."

Legal aid squeeze results in Mackintosh Law gradual wind down

After 24 years, Mackintosh Law, the specialist mental capacity and community care firm, has announced that it intends to wind down its operations. The firm will continue to work existing cases but new enquiries will be signposted appropriately.

Nicola Mackintosh KC (Hon), founder, said:

‘I have been incredibly proud to run a successful legal aid practice with an amazing team of solicitors and support staff for almost a quarter of a century, specialising in representing vulnerable and disabled clients. This is vital legal work making sure disabled people can enforce their rights, protecting them from harm, abuse and exploitation. Over the years I have trained many of the next generation solicitors to the excellent standard required to meet the needs of this particularly vulnerable client group.

Civil legal aid rates have not increased for almost 30 years, and were even cut by 10% in 2011. Over the same period overheads have vastly increased. Being a small specialist legal aid practice means that cross subsidising is not an option and unlike businesses in other sectors we cannot increase what we charge to cover our increased overheads.

Legal aid work involves disproportionately high levels of unnecessary administration for work at unacceptably low rates. This additional bureaucracy wastes huge amounts of valuable time and resources which could be far better spent on advising clients.

Sadly, as a result of all these factors, it has become impossible to attract and retain staff who can provide the professional assistance our clients deserve, because we are unable to offer the kind of flexible and financial packages they seek. There is no immediate or short term prospect of positive civil legal aid reform which is so urgently needed.

It is incredibly tough for any small business to survive. But the continuing lack of any real political commitment to urgent action to secure proper delivery of accessible justice for all in society is devastating. Legal aid lawyers are dedicated, committed and highly skilled professionals. They should be properly rewarded for the incredible work they do for the most vulnerable in our society, upholding the rule of law.

The Government’s current review of the sustainability of the civil legal aid sector will, I expect, only show what we already know after LASPO* was implemented 10 years ago – that concerted action is needed. But that action is needed urgently now, not later.

This has been an extremely hard decision and I would like to pay tribute to all the staff of Mackintosh Law at this difficult time. The firm has undertaken a careful redundancy consultation and whilst work on existing cases continues there will be a gradual and orderly wind down over the next few months.

Although the firm is winding down my personal intention thereafter is to continue in legal practice, both in relation to casework and policy. There is still an urgent and pressing need to challenge some of the worst injustices disabled people face, and to ensure that access to justice becomes a high priority on the political agenda.’

Note to editors

Nicola co founded Mackintosh Duncan, a two partner practice in 1999. In 2011 she became sole trader of Mackintosh Law, specialising in representing disabled people, enforcing their rights to health and social care services, and promoting access to justice. The firm incorporated in 2018 as Mackintosh Law Limited, focusing on Court of Protection casework in some of the most complex and novel cases concerning mental capacity of vulnerable adults and access to justice issues.

Mackintosh Law Limited has a national reputation and is highly ranked in Chambers and Legal 500. Nicola is a star individual described as ‘outstanding’, ‘absolutely fantastic’, ‘totally client-focused’ with ‘passion and drive’, ‘hugely respected by the judiciary’.

Nicola is Co Chair of the Legal Aid Practitioners Group and has co-authored the Manifesto for Legal Aid. She is a member of the Law Society’s Mental Health and Disability Committee and for several years was a member of the Law Society’s Council. She is a previous member of the Civil Justice Council, she was a member of the Bach Commission contributing to its 2017 report ‘The Right to Justice’, and is a co-author of the latest edition of the Court of Protection Handbook published by the Legal Action Group.

She was appointed KC (Hon) in 2014 for her exceptional contribution to the law of community care and access to justice. She is an Honorary Bencher of Middle Temple Inn.

*Legal Aid, Sentencing and Punishment of Offenders Act 2012

Extending legal aid means test won’t solve the civil legal aid crisis

LAPG have issued a statement following publication of the Government's response to the Legal Aid Means Test Review. Nicola Mackintosh KC (Hon), Co-Chair of LAPG is quoted and states:

‘Everyone should be entitled to access justice, regardless of their ability to pay for legal advice and representation. The means test for legal aid is totally outdated and has needed urgent reform. Many of the proposals to change the system are to be welcomed, so that more of the population are eligible for help with legal costs and therefore have access to justice. It is however a missed opportunity to rectify some of the worst injustices in the legal aid scheme such as the need for vulnerable disabled people detained in the community to have a right to non-means tested representation.

But although there are some welcome changes, there is an elephant in the room, and it is a very large elephant which is not addressed by this report.

Civil and criminal legal aid is in crisis, with stagnant rates of pay for decades. Legal aid practitioners are being forced to leave because it is impossible to continue to practice. Firms are reducing legal aid work, because it is unsustainable and the endless bureaucracy is exhausting. Without legal aid practitioners, there will be no increased access to justice because there will be no-one to deliver the services the public need. Extending eligibility ignores the urgent and pressing need for the justice system to have an immediate injection of funds to increase rates to keep existing practitioners. Otherwise the thousands, or millions of people who may benefit from the means test changes will find themselves in exactly the same position because on the ground there will be no-one to provide them with a legal aid service’.

You can read the full LAPG response here: https://lapg.co.uk/lapg-statement-on-the-governments-published-response-to-the-legal-aid-means-test-review/