Meet the lawyer: Lorna Halfpenny-Beeby, senior partner at JE Bennett Law
Lorna Halfpenny-Beeby, senior partner at JE Bennett Law, brings a rare combination of legal acumen and lived experience to her work. With a background in psychology and early career roles supporting individuals with brain injuries, as well as personal insight through a family member’s paralysis, she is uniquely equipped to support clients navigating life after catastrophic brain and spinal injuries.
Can you tell us a bit about yourself and your role at JE Bennett Law?
JE Bennett Law specialises in supporting people in vulnerable circumstances, often due to accidents. As Court of Protection (COP) solicitors, we’re appointed by the COP to act as professional deputies for individuals who lack capacity to make decisions and have not appointed an attorney under a Lasting Power of Attorney (LPA) for financial or health matters.
Our role is to represent our clients’ best interests long-term, ensuring their finances are effectively managed to sustain their needs over a lifetime. We also aim to empower clients, helping them recover decision-making abilities where possible.
I’ve been with JE Bennett Law since 2013, being made Partner in 2020. Recently appointed Senior Partner, I lead the firm’s growing Brain Injury and Spinal Cord Department with a team of skilled professionals.
As a COP lawyer, what are your particular concerns when you are representing clients who have suffered a brain and spinal cord injury, as opposed to other injuries?
Clients with brain or spinal injuries often have complex, evolving needs. Our role is to understand their medical and personal circumstances, providing the best care while managing finances to ensure long-term stability. The challenges include creating a comprehensive care plan that incorporates rehab, accommodation, equipment, and mental health support.
We focus on building close relationships with our clients, getting to know and understand them, as well as collaborating with neuro-rehab teams, case managers and family members to ensure the right support is in place. Financial management is critical, as compensation awards often require careful handling to maintain support for the client throughout their lifetime. Our approach centres on security, structure, and compassion, helping clients move forward with dignity.
If there is no LPA in place, how important is it for the deputy appointed by the court to represent the interests of someone with a brain and spinal injury to be someone with expertise in supporting people in similar circumstances?
A professional deputy is often preferred when dealing with brain injuries because of their complex and long-term nature. The financial and legal responsibilities that come with a compensation award can be overwhelming, making the experience and skills of a professional deputy crucial.
Experienced deputies understand how to manage everything from regular bills to care costs and investment portfolios, ensuring the person’s needs are met with the right level of care and legal oversight.
They support the client in maintaining independence where possible. In some instances, if it’s appropriate, they will look for alternatives such as discharge from the COP and instead look at appointment of a professional Trustee, if there is evidence that the client may have regained capacity, which can happen in some situations.
What are the benefits of instructing a COP lawyer early, rather than waiting for the personal injury claim to be resolved?
Instructing a COP lawyer early ensures timely protection of the client’s best interests. Immediate support can be provided to establish necessary care and financial management structures, particularly when someone lacks capacity to make decisions.
Interim payments in a personal injury case need to be managed properly, and a COP lawyer can ensure that funds are directed to the client’s most urgent needs, like care, housing, or rehabilitation.
Additionally, starting the process early allows for the appointment of a deputy before the settlement is finalised, ensuring no gaps in legal authority.
By involving a COP lawyer from the outset, the client benefits from a comprehensive plan that addresses both their legal claim and their long-term wellbeing. Working alongside the litigation team, the COP lawyer helps build a plan that secures financial stability and to support quality of life.
Can you share an example of a particularly challenging case you have worked on, and how you overcame these challenges, to secure a positive outcome for the client?
Lorna Halfpenny-Beeby of JE Bennett Law
Sadly, many of our clients are young males who in childhood/adolescence sustain a catastrophic brain injury following involvement in an RTA. Some will also have experienced turbulent upbringings prior to the accident.
Without obvious physical disability, the extent of their pronounced levels of global executive dysfunction can be misunderstood, appearing as rude, aggressive young males, often turning to alcohol and substance misuse as a coping strategy. Despite a prolific history of criminality, many will have received little intervention until the appointment of a deputy. The criminal justice system will be unaware of their acquired brain injury.
Working closely with the person to build a trusting professional relationship, coupled with the introduction of case management and neuropsychology, we have successfully assisted someone who had previously spent the majority of their adult life in prison, to adhere to licence conditions and face no further incarceration – the longest period in their adult life.
They have been assisted to work towards budgeting goals and have successfully adhered to the requirements of a tenancy agreement. Working with the deputy team and investment manager to maximise longevity of what was deemed to be a modest personal injury settlement, we are now in a position to apply to the Court of Protection on their behalf to purchase a property.
What options does someone who has capacity to make their own decisions have if they are not happy with the attorney they named to represent them in their LPA?
When the relationship with an appointed attorney breaks down or when the attorney is abusing their responsibility, the person or their carers can raise the matter with the Office of the Public Guardian (OPG) and then the COP can appoint a professional deputy in lieu of the attorney/s.
What are the options if the relationship with a professional deputy breaks down?
If a client is unhappy with their professional deputy, there are several steps to address the issue. Clients can request a face-to-face meeting to resolve any miscommunications or misunderstandings. They can ask for more involvement in decision-making or request that the deputy explain their reasoning behind certain decisions.
If the relationship remains untenable, the client – or other representatives, such as their family – can apply to the COP to replace the deputy. The COP will consider whether the relationship has broken down and if a new deputy would be in the client’s best interests. A new deputy can be appointed if the court deems it appropriate and the proposed new deputy is a suitable replacement.
If a person does not have capacity, what checks and balances are there to ensure their chosen attorney or court-appointed deputy acts in their best interests?
Attorneys and deputies are legally bound to act in the person’s best interests, guided by the five principles of the Mental Capacity Act. These principles ensure decisions are made with consideration for the person’s past and present wishes, consulting with family and professionals, and using the least restrictive options.
For attorneys, the OPG registers the LPA and can investigate concerns. Deputies are more closely monitored, with annual reports submitted to the OPG outlining financial management and decision-making. Deputies must also secure a bond to protect the person’s assets. If concerns arise, the OPG can investigate and take action to remove or replace a deputy if necessary.
In serious cases of concern, the OPG can conduct formal investigations, apply to the COP to remove or replace an attorney or deputy, and even involve the police if necessary. These systems aim to strike a balance between protecting vulnerable individuals and respecting their dignity and autonomy.
Can you share a couple of your personal career highlights?
One of the team’s significant achievements was being recognised by Chambers UK for Court of Protection: Property & Affairs (UK-wide). This achievement, just 12 years after JE Bennett Law was founded, is a testament to the hard work and expertise of the team – attaining this accolade in such a short time is a rare honour.
On a personal level, being recognised in The Legal 500 is incredibly humbling. It’s a reminder of the impact we have on our clients’ lives. Helping them navigate the challenges of catastrophic injury and supporting them toward a better future is deeply rewarding.
Can you tell us a little about your life outside of work?
Work makes me recognise just how fragile life can be; in a moment everything can change. Seeing the world through the eye of a camera helps me appreciate the simple pleasures found in the natural beauty around us.
Long walks with my loyal canine companion allow me to capture in a photograph the rebirth of spring, a summer sunset, the radiant colours of autumn or the energy provided by a wintry visit to the coast.
