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What Helen can do for you
Helen joined Hempsons in 2010 and worked first in the London office before moving home to Manchester in 2016.
Much of Helen’s caseload involves mental health and mental capacity issues. She advised in relation to the Mental Health (Approval Functions) Bill and regularly acts on behalf of healthcare providers in complex applications to the Court of Protection concerning deprivation of liberty and best interests. Helen acted for the successful NHS Trust and CCG in an NHS Trust v Y  UKSC 46 in which the Supreme Court considered whether an application to the Court of Protection is mandatory in every case of withdrawal of clinically assisted nutrition and hydration from a patient in a prolonged disorder of consciousness.
Helen works across a wide range of health and social care issues in different jurisdictions including the Coroner’s Court, the Family Division and the First Tier Tribunal (health and social care). Helen regularly advises organisations in relation to CQC registration and challenge, clinical governance and funding disputes.
Helen has an interest in judicial review and was part of the team which successfully challenged the public consultation in relation to paediatric cardiac surgery nationwide.
Before joining Hempsons, Helen worked in the legal department of Great Ormond Street Hospital for Children NHS Trust. Helen has continued her interest in child law and regularly advises on issues such as wardship, consent, withdrawal of care and child protection.
Main areas of expertise
- Mental capacity (including the Court of Protection)
- Mental health
- Children Act
- Clinical governance
- Social care
The clients she works with
- NHS acute, mental health and foundation trusts
- NHS commissioning bodies
- NHS Resolution
- Independent providers of health and social care
- LLM (Inns of Court School of Law), 2009
- MA (Cantab), 2009
- GDL (City University), 2007
- BA Classics (Cambridge University) 2006
Chapter 4: “International Perspectives on Mental Capacity Law” from “Assessing Mental Capacity: A Handbook to Guide Professionals from Basic to Advanced Practice” (Routledge)
In this, the third reported Covid-19 vaccination case, Hempsons represented the applicant CCG.
The Department of Health and Social Care has released new guidance surrounding the reintroduction of CHC (continuing healthcare assessments) with effect from 1 September 2020. Philippa Doyle provides a summary.
Advance care planning which is patient specific will not only ensure it acts as a protector of patients’ rights and wishes, but will also be a shield for clinicians against complaint or claim and is an essential tool for providers in ensuring a comprehensive service.
Ventilators and the number of critical care beds are a regular feature of the Government’s daily briefings and the questions posed by the media. This newsflash explores the guidance currently available and which of the current legal provisions will be held to apply.
Welcome to the latest edition of our Social Care Newsbrief.
Welcome to this autumn edition of Hempsons’ Healthcare Newsbrief. It has been a busy few months for the NHS in the legal system with some ground-breaking decisions on key areas such as withdrawing clinically-assisted nutrition and hydration, fitness to practice and procurement.
Landmark Supreme Court judgment on withdrawing clinically assisted nutrition and hydration
Hempsons acted for the successful CCG and NHS Trust in today's Supreme Court judgment on when an application to Court is needed to withdraw clinically assisted nutrition and hydration
Withdrawing clinically assisted nutrition and hydration: some clarity on mandatory court applications?
O'Farrell J handed down a judgment this morning confirming that it is not mandatory to bring before the Court of Protection the withdrawal of clinically assisted nutrition and hydration from Mr Y, who suffers from a prolonged disorder of consciousness, in circumstances where the clinical team and Mr Y's family are agreed that it is not in Mr Y's best interests to continue to receive that treatment.
On 13 March 2017, the Law Commission published its report on the Deprivation of Liberty Safeguards (“DOLS”) with proposals for their replacement.