Mental Health

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We provide access to one of the largest dedicated mental health teams in the country.  With a wide range of experience across all levels of mental health provision, from High Secure to community, we can answer your questions quickly, accurately and with practical advice.

Our mental health law team commented on 2 Legal Action Journal articles, ‘Social Circumstances Reports for Mental Health Tribunals’ – Part 1 & 2, prior to their publication. With the kind permission of the journal and the authors, Christopher Curran, Professor Malcolm Golightly and Professor Phil Fannell, we are able to show these articles on our website.

Social Circumstances reports for Mental Health Tribunals Part 1

Social Circumstances reports for Mental Health Tribunals Part 2

To download Adobe Reader click here

Key Services and Issues

  • Applying mental health legislation
  • Compulsory treatment Community Treatment Orders
  • Hospital Managers power of discharge and hearings
  • Mental Health Tribunals
  • Section 117 aftercare and funding
  • Child and Adolescent Mental Health Services, including the Zone of Parental Control and safeguarding
  • Policies and risk management
  • Judicial Review Capacity and consent, including Advance Directives and Lasting Powers of Attorney
  • Deprivation of liberty, use of the Safeguards and challenges to authorisations in the Court of Protection
  • Interaction of the Mental Capacity Act and the Mental Health Act, for example, on consideration of a section or eligibility under the Deprivation of Liberty Safeguards
  • SUI investigations
  • Inquests
  • Homicide and other inquiries
  • Training

Our Work

  • Representation of the Responsible Authority at Mental Health Tribunals.
  • Successful challenge to a Mental Health Tribunal decision to order deferred discharge when a Community Treatment Order was clearly contemplated.
  • Regular advice on issues for inquests, providing support for staff and representing trusts, up to and including Article 2 inquests with juries.
  • Advice on the effects of doctors and social workers failing to maintain appropriate authorisations and the effect on actions subsequently taken under the Mental Health Act.
  • Advice/representation on behalf of commissioners of mental health services in disputes about funding.

This national group is a firm favourite with NHS and third-sector clients looking for reliable, multifaceted advice in the mental health arena. A good firm to work with and they have real market awareness.

Chambers UK 2012

This team counts approximately one third of the UK’s 60 mental health trusts among its clients, and also represents charities such as Age Concern, Scope and Turning Point. ‘They’re brilliant on the intricacies of mental health legislation’, say clients, who also appreciate the team’s ‘speed of reply and personal contact’.

Chambers UK 2011

They know our business & twin that perfectly with sector-specific knowledge.

Chambers UK 2010

 

Key Contacts

 
Picture of John Holmes

John Holmes

Partner, London
Mental Health, Healthcare Litigation
020 7484 7557
Picture of Stephen Evans

Stephen Evans

Partner, Newcastle, Harrogate
Mental Health, Healthcare Litigation, Healthcare Advisory
01423 724010