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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)
The Government announced on 5 April 2023 that it had taken the “difficult decision to delay the implementation of the Liberty Protection Safeguards beyond the life of this Parliament” as part of its wider plans to reform and improve adult social care.
Helen Claridge looks at the increase in cases where tensions between care providers and the families of service users are escalating to disputes and even placement failures and offeres tips for managing these difficult situations.
Read the autumn 2021 Social Care Newsbrief.
We have launched our COVID-19 inquiry webinar series.
As we reported in June 2021, local NHS organisations have been told that they must start preparing for the statutory public inquiry into the COVID-19 pandemic which is expected to begin in spring 2022. Any organisation can be called upon to provide evidence for the statutory inquiry, and individuals may be required to give evidence under oath. With extensive public inquiry experience, Hempsons is here to help.
Welcome to our latest update for healthcare and medical law - a snapshot of the landmark rulings and a number of other interesting developments in the legal world.
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.