Molly Fensome-Lush

Molly is a Senior Associate Solicitor and the Team Leader of our Cardiff Court of Protection Team.

Molly achieved a First Class Honours degree in Law in 2015 and a Distinction in the Legal Practice Course in 2016, both of which she undertook at Cardiff University. She joined Reeds in April 2021, having specialised in Court of Protection matters since 2017. Molly was also recognised as an ‘Associate to Watch’ in the 2025 Chambers and Partners.

Court of Protection Solicitor

Molly is a specialist practitioner with extensive experience in representing individuals who lack capacity (on the instruction of the Official Solicitor and independent advocates) and their family members. Molly also routinely advises on wider community care issues and provides bespoke training to charities, advocacy organisations and public bodies.

Molly often brings applications in connection with the Deprivation of Liberty Safeguards (DoLS) framework. Molly specialises in representing individuals who lack capacity in complex health and welfare disputes involving sensitive issues such as care, residence, sexual relations, contact with others, marriage and access to social media. Molly has experience in dealing with proceedings running alongside those in the criminal and family courts.

Molly regularly advises difficult points of law or interlinked issues, including the interface between the Mental Capacity Act 2005 and the Mental Health Act 1983 (as amended) and Adult and Children’s services.

Molly is committed to access to justice and promoting the rights of vulnerable people. She prides herself on her attention to detail and is meticulous in the preparation of all her cases. Molly’s personable and empathetic approach enables her to deal with the most sensitive of issues, breaking down complex legal arguments and making sure vulnerable adults are able to understand and participate in their own proceedings as much as possible.

Molly Fensome-Lush’s Accreditations & Awards

Molly has received the Mental Capacity (Welfare) Accreditation and is a Law Society Accredited Legal Representative regularly appointed by the court. This recognises expertise and experience in working with vulnerable people and their families.

Recognised as an Associate to Watch in Chambers and Partners (2025).

Molly won ‘Rising Star of the Year’ at the Wales Legal Awards 2020, recognising professional excellence and an individual who stands heads and shoulders above their contemporaries in Wales. Molly’s team were also shortlisted in the Public Law Team of the Year category in 2022 and 2023.

Molly’s team were shortlisted for the Excellence in Access to Justice Award at the Cardiff and District Law Society Annual Awards in 2019.

Memberships

Court of Protection Practitioners Association (CoPPA).

Molly sits on the CoPPA Cymru committee as the Head of the Health and Welfare subcommittee and was asked to speak at the CoPPA National Conference in 2022.

Notable Cases

Molly has been instructed in a number of reported cases, including cases that have been notably mentioned in the Court of Protection Handbook:

HH v Hywel Dda University Health Board [2023] EWCOP18 – Molly represented the Applicant in proceedings before the High Court considering how the Court of Protection should approach a situation whereby two individuals both lack capacity and their decisions are interconnected. HH v Hywel Dda University Health Board & Ors [2023] EWCOP 18 (28 February 2023) (bailii.org)

CL v Swansea Bay University Health Board & Ors [2024] EWCOP 22 – Molly represented P in an appeal before the Vice President of the Court of Protection considering the limits or otherwise to the court’s powers to remove a deputy. CL v Swansea Bay University Health Board & Ors [2024] EWCOP 22 (17 April 2024) (bailii.org)

MB v Surrey County Council [2017] EWCOP B27 – Molly assisted the lead solicitor on behalf of the Applicant and successfully argued that P had fluctuating capacity and therefore the Court of Protection didn’t have jurisdiction. MB v Surrey County Council [2017] EWCOP B27 (16 October 2017) (bailii.org)

HJ – Molly acted on behalf of a 17-year-old with a learning disability who was removed from the family home and refused access to her mobile phone and the internet due to concerns around sexual exploitation. Molly successfully argued that, although vulnerable, this young woman had capacity to make decisions regarding her phone and internet use, contact with others and to engage in sexual relations.

K – Molly acted on behalf of a gentleman with a number of criminal convictions who was deprived of his liberty in a nursing home outside of his home area upon his release from prison. Molly successfully argued that he had capacity to make decisions regarding his residence and care and should be placed in a step down placement in his home area for rehabilitation.

H – Molly acted on behalf of a vulnerable young woman with functional neurological disorder who was being detained in hospital and wanted to amputate her leg due to experiencing chronic pain with no known cause. Molly successfully argued that H had capacity to conduct proceedings and make decisions about her residence and care and was able to return home to live with her family.

M – Molly acted on behalf of a young man removed from his family due to allegations that his parents were intending to enter into a murder/suicide pact with him. Molly successfully argued that M should reside in a supported living placement for his safety and should not have contact with certain family members, in line with his wishes and feelings