Melanie Varey

An expert in the niche practice area of Mental Capacity Law, Human Rights and Community Care with over 20 years experience of assisting vulnerable adults and children and their families.

Prior to coming to the law, Melanie focused on assisting the vulnerable members of society with time spent working within the public sector at the DWP, at an NHS Community Mental Health Team, a Sensory Impairment and Occupational Therapy department within a local authority and then moved to the voluntary sector where she worked as a support worker in a Women’s Aid hostel supporting women and children fleeing domestic violence.

Upon completion of her law degree in 2006, Melanie began her legal career at a large regional firm specialising in community care law and Judicial Review and during her training contract also spent time in the crime, housing and public law departments.

Since qualification in 2012, Melanie’s practice area has been focused entirely on Mental Capacity Law, specifically contested litigation relating to health and welfare. Melanie represents vulnerable adults and their family members in cases relating to mental capacity, human rights, deprivation of liberty and decisions relating to serious medical treatment.

Melanie has developed a niche specialism in representing the subject of proceedings by their litigation friend in high profile, sensitive cases of particular complexity relating to mental capacity and sexual relations, contraception and marriage that often run alongside ongoing or recently concluded proceedings in the family court. In the majority of this type of case, Melanie is instructed by the Official Solicitor but also regularly represents family members party to the proceedings by recommendation of other lawyers involved in the case. She is also regularly instructed by the Official Solicitor as an agent in cases concerning serious medical treatment.

Melanie has been highly ranked in both the Legal 500 and in Chambers & Partners since 2016, she is recognised as a leading individual in the Legal 500 in 2024 where she is described as having;

‘bundles of experience’ specialising in complex cases concerning capacity and sexual relations’.

She was appointed as an Accredited Legal Representative (Mental Capacity) at the beginning of the scheme and was appointed an external assessor for the qualification scheme for The Law Society in 2019.

Melanie is co-chair of the Executive Committee of Court of Protection Practitioners Association (CoPPA), a multi-disciplinary organisation, whose aims are to consolidate good practice and develop good practice in the Court of Protection and in the implementation of the Mental Capacity Act 2005. They provide education and training, represent members in forums with the Judiciary and Rules committee and respond to consultations.

Email: melanie.varey@accesstopubliclaw.co.uk