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Sarah Westoby

Senior associate solicitor

Sarah Westoby is a senior associate solicitor in the human rights department.

Court Of Protection Deprivation of liberty Human rights; Public inquiry

Sarah is a senior associate solicitor in the human rights department. 

What the directories say

The solicitor that I rate most highly from Leigh Day is Sarah Westoby. She is extremely intelligent and dedicated to her clients.

Legal 500 2024

What our clients say

I wanted to personally thank you for your support and guidance over the last few years. Yours and the wider team’s support and updates have been immeasurably helpful to me, guiding me through the challenges so far.

Legal expertise

Sarah works on a range of areas within the human rights department, focusing on cases involving the care and treatment afforded to vulnerable adults in health and social care settings.

Sarah has worked on the Infected Blood Public Inquiry representing over 300 core participants for the past six years.

Sarah also represents clients in best interests and deprivation of liberty cases, acting for clients in proceedings in the Court of Protection on issues including withdrawal of treatment, choice of treatment, residence, contact and care for people who don't have capacity to decide on these issues for themselves. Her clients include children, parents, relatives and the Official Solicitor.

Sarah also acts in Human Rights Act damages and negligence claims, including cases which involve emotional, physical and sexual abuse and neglect, and unlawful deprivations of liberty. Her work includes acting for families in inquest proceedings, frequently raising issues under Article 2 of the European Convention on Human Rights and civil claims arising as a result.

Sarah also represents those accused of fabricating and inducing illness (FII), frequently involving families where parents and/or their children have disabilities. Sarah advises on legal routes open to families who have been falsely accused of FII instead of being provided with much needed support.

Cases

  • Sarah represented the AIRE Centre in their intervention in the seminal deprivation of liberty case of Cheshire West in the Supreme Court in 2014.
  • She frequently represents individuals and their families in proceedings in the Court of Protection. An example of such work is the recent case of DY, a young woman with a moderate learning disability for whom the court has considered capacity issues including residence, care and treatment, contact, sexual relations and contraception. The case has considered the complex issue of how fluctuating capacity applies in the context of sexual relations. Re DY [2021] EWCOP 28 (Knowles J).
  • Sarah is currently acting in a damages claim on behalf of an individual where the local authority may have been negligent in failing to remove the individual from the family home to protect them from abuse, and then, once in the care of the local authority, potentially liable for the tortious acts of the foster carers.

Education

Sarah joined the firm in 2007 as a trainee, qualifying in 2009. She worked at Scott-Moncrieff & Associates from 2015 to 2018, when she returned to Leigh Day.

Accreditations

In the news

What the directories say

Leigh Day has a strong and dedicated Court of Protection team. The firm also has strong expertise across related fields of community care, civil liberties and human rights which ensures that they can meet all of their clients' needs. Sarah Westoby is exceptional.

What our clients say

Sarah Westoby and her team provided fantastic support throughout and gave careful and detailed explanations. Thank you for a great result.

Lucy, via Trustpilot

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