- Alternative Dispute Resolution
- Civil Fraud
- Clinical Negligence & Healthcare
- Commercial, Chancery & Property
- Court of Protection
- Credit Hire
- Crime
- Family Law
- Financial Crime
- Inquests & Inquiries
- Personal Injury
- Police Law
- Professional Negligence
- Public Sector & Human Rights
- Regulatory & Disciplinary
- Travel & Cross Border Claims
Thomas Jones
Call: 2015
Thomas Jones joined Deka Chambers as a pupil and continues to practise in the full range of Chambers’ work. He has a broad common law practice and has experience in civil litigation, public law, health and social care, mental capacity, family law, inquests and inquiries.
He is ranked as a ‘leading junior’ in the Legal 500 where he is described as being ‘extremely bright, hard-working, personable and practical in his approach to cases’ (Legal 500, 2024). He is ranked in the ‘up and coming’ category in Chambers and Partners who note that ‘he is brilliant in terms of his preparation, he is on top of all issues’ (Chambers UK, 2024).
Tom is a member of the Attorney General’s Civil Panel of Counsel (C Panel) and is frequently instructed by Government departments in his core practice areas. He has represented and advised the Ministry of Justice, the Department for Health and Social Care and the Department for Work and Pensions. He is currently instructed by ‘Covid-19 Bereaved Families for Justice’ in the national Covid inquiry.
Prior to joining Chambers, Tom worked as a stagiaire at the European Court of Justice and as a research assistant at the Law Commission of England and Wales. Outside of work, he is learning Welsh and is a Trustee of a social mobility charity. He is a member of the Bar Council Remuneration Committee and is an active member of Gray’s Inn.
Tom represents claimants and defendants in the full range of clinical negligence and personal injury claims. He is regularly instructed to attend costs and case management conferences, interim applications and trials in fast track and multi-track cases. Tom’s clinical negligence practice includes cases involving the overdose of medication, failures or delays in diagnosis, negligent surgery and the breakdown of mental health provision.
Tom has considerable experience of claims brought against public bodies in negligence and under the Human Rights Act 1998. His case load involves claims arising from alleged mistreatment in prisons, claims for false imprisonment and claims against local authorities for failures in children and adult social services functions.
Notable Civil Liability cases
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HXA v Surrey County Council; YXA v Wolverhampton County Council [2023] UKSC 52
Tom was instructed for the local authorities in this Supreme Court appeal concerning the question of whether local authorities assume responsibility to protect children from harm through their conduct and therefore owe them a duty of care at common-law. Tom was led by Lord Faulks KC and Paul Stagg. The case gives guidance as to whether claims can be brought against local authorities in negligence for failing to take children into care.
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PD v. Ministry of Justice [2023]
Tom successfully acted for the Defendant in this prisoner assault claim. The claim was struck out and the court disapplied QOCS pursuant to CPR 44.15, entitling the Defendant to its costs.
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Y v. NHS body [2022]
Tom acted for an elderly patient who lacked litigation capacity who was given an overdose of her medication at hospital which led to nausea, vomiting and diarrhoea. The claim settled prior to trial and Tom represented the Claimant at the approval hearing.
Tom has a busy practice in the Court of Protection where he is instructed on behalf of health bodies, local authorities, patients (through their litigation friends) and family members. He has experience in both personal welfare and property and affairs jurisdictions. He has appeared in disputes relating to serious medical treatment, residence, care and contact.
Prior to joining Chambers, Tom worked for the Law Commission on its review into the Deprivation of Liberty Safeguards. In 2019, he was seconded to the Welsh Government where he advised on the implementation of Mental Capacity (Amendment) Act 2019 in Wales.
Alongside his practice, Tom is a lecturer at Cardiff University where he teaches students on the LLM in Legal Aspects of Medical Practice. He teaches the legal frameworks governing consent to medical treatment under the Mental Capacity Act 2005, the Mental Health Act 1983 and the Children Act 1989.
Notable Court of Protection cases
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BBC v Cardiff Council and others [2024] EWCOP 50
The BBC applied to amend a transparency order imposing reporting restrictions on the identity of an individual involved in Court of Protection proceedings, in order to facilitate his participation in a proposed documentary. Mr Justice Hayden refused the application having considered, in particular, the impact of the proposed documentary on the individual’s article 8 right to privacy. Tom was instructed jointly by two health boards who opposed the application.
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Health Body A v JW and another [2024] EWCOP 40
The applicant applied for declarations that it was in the best interests of JW to undergo dental extraction under general anaesthetic. JW had indicated over a number of months that she had toothache but would not tolerate an examination. As it was proposed that she undergoes a general anaesthetic, it was also proposed to carry out a blood test, a cervical smear test and some personal care tasks. The application was successful.
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A Health Board v AZ and Ors (Termination of Childhood Pregnancy: Guidance) [2023] EWHC 2517
Tom represented the applicant in this serious medical treatment case. The health board sought declarations that it would be in the best interests of an 11-year-old girl to undergo a termination of pregnancy and for tissue to be taken from the placenta to be used for the purposes of forensic testing in a criminal investigation. Mrs Justice Arbuthnot set out guidance, endorsed by the President of the Family Division.
Tom’s family practice principally relates to cases involving children. He has appeared in cases of neglect, substance misuse, non-accidental injury and cases involving the deprivation of liberty of children. In his first year of practice, he was nominated for the Association of Lawyers for Children’s ‘outstanding newcomer’ award and, in his second year, he was shortlisted for the Family Law Awards Young Barrister of the Year. He has experience of cases involving the medical treatment of children and young people.
Notable Family Law cases
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Re G (Disclosure of Fact-Finding to the Secretary of State for the Home Department) [2023] EWHC 450 (Fam)
Tom was instructed by the Secretary of State for the Home Department in child abduction proceedings brought under the inherent jurisdiction of the High Court. The case sets out guidance for the disclosure of material within confidential family proceedings to the Secretary of State where there are parallel asylum proceedings.
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Re R [2023]
Tom was instructed as junior counsel for the children through their Children’s Guardian, led by Oliver Millington, in this fact-finding hearing. The subject child suffered fractures and multiple lesions to his body. The case involved consideration of expert evidence from a consultant paediatrician and a paediatric radiologist.
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A Local Authority v. A Mother and A Child [2020] EWHC 2395 (Fam)
Tom was instructed by a local authority to seek an order under the inherent jurisdiction of the High Court in this deprivation of liberty application. The case sets out the correct approach to authorising a deprivation of liberty under the inherent jurisdiction where one of the relevant criteria under section 25 Children Act 1989 is not satisfied and where the placement is unregulated.
Tom is instructed in a range of administrative and public law matters for government departments, local authorities, health bodies, the police and private individuals. He has particular experience in community care, prison law, mental health and healthcare.
Tom is frequently instructed to advise and represent clients in ordinary residence disputes under the Care Act 2014, claims arising out of failures or delays in unlawful deprivations of liberty and claims against local authorities for psychological harm arising from failures in social services functions.
Notable Public Sector & Human Rights cases
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R (Cain) v. Secretary of State for Justice [2024] EWHC 426 (Admin)
Tom was instructed by the Secretary of State for Justice in this claim for judicial review. The Claimant, a life sentence prisoner, sought to challenge the decision of the SSJ not to follow the recommendation of the Parole Board that he be transferred to open prison conditions. The court agreed with the SSJ’s submissions that the Defendant had been entitled to reach a different conclusion following his evaluation of the material which was before the Parole Board and the claim for judicial review failed.
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AA [2023]
Tom was instructed for the patient in this Mental Health Tribunal case at the Cygnet Psychiatric Hospital reviewing the legality of the patient’s mental health detention.
Tom is regularly instructed to attend inquests on behalf of government departments, local authorities, health bodies, the police and private individuals in inquests. He has experience in healthcare cases, cases involving mental health provision, cases involving article 2 and jury inquests. He has experience of assisting as part of a wider counsel team on inquiries and experience of representing clients in litigation arising out of inquests and inquiries.
Notable Inquests & Inquiries cases
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Covid-19 Inquiry [ongoing]
Tom is currently instructed by ‘Covid-19 Bereaved Families for Justice’ in the national Covid-19 inquiry. He is particularly concerned with the numerous families within the group from Wales and has advised the group on a range of healthcare issues relating to the devolution arrangements in Wales.
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Inquest into the death of Jared Perry [2024]
Tom represented a health board in a two-week jury inquest into the death of a prisoner with mental health problems who died in his cell during the course his sentence. The inquest considered the processes for transferring prisoners to a secure hospital under section 47 of the Mental Health Act 1983. No regulation 28 report was made.
Tom prosecutes and defends in criminal cases and appeals in the Crown Court. He has experience of representing police forces in applications for account freezing orders, cash forfeiture, forced marriage prevention orders and public interest immunity applications.
Tom is a member of the following panels:
- The Regulatory Panel of Prosecuting Advocates, C Panel.
- CPS General Crime, Level 2
- CPS Extradition Panel, Level 1
Notable Crime, Police and Regulatory cases
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R v. Fowler [2024]
Tom prosecuted in this stalking case where the Defendant was not fit to plead. The sentencing hearing involved questioning a consultant psychiatrist on the making of a hospital order with restrictions pursuant to section 37 / 41 of the Mental Health Act 1983.
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R (HSE) v. Network Rail [2023]
Tom represented the Health and Safety Executive in its prosecution of Network Rail following the death of one of its employees when cleaning a welding machine. A HSE investigation found that Network Rail had failed to ensure there was a safe system of work while carrying out maintenance on its rail production line. Network Rail was fined £1.2 million. More information is available here.
Endorsements
Regulated by the Bar Standards Board (BSB)
Regulated by the Bar Standards Board (BSB) and holds a current practising certificate.
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Regulated by the Bar Standards Board (BSB)
Regulated by the Bar Standards Board (BSB) and holds a current practising certificate.
View my privacy policy.
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