- Harrogate, Newcastle
- Mental Health, Healthcare Litigation, Healthcare Advisory
- 01423 724010
What Stephen can do for you
Stephen’s work covers some very technical legal areas but the overall theme is ‘dispute resolution’. He always looks for pragmatic solutions, without compromising your position. Where appropriate, Stephen’s advice on the law, options and risks will bear in mind any long term ongoing therapeutic relationship and that the resolution of acute problems needs to support, not undermine that.
In 2009 Stephen obtained his Master’s Degree in Mental Health Law. His final project brought together his mental health and capacity experience by considering the problems in developing the Deprivation of Liberty Safeguards. Please contact Stephen if you would like a copy.
Main areas of expertise
- Mental health law, advising on all aspects of the legal framework;
- Capacity and consent, both adults under the Mental Capacity Act 2005 and children under legislation and the common law;
- Deprivation of Liberty, bringing together mental health and capacity expertise;
- Inquests and inquiries including representing clients and supporting witnesses at inquests, assisting with and reviewing SUI reports, and advising on independent inquiries; and
- Provision of healthcare services including provision of specific treatments, establishing and maintaining complex care packages, and funding issues.
All of these areas can and do involve court proceedings. Stephen regularly appears at inquests and deals with significant cases in the Court of Protection and High Court.
The clients he works with
- Mental health trusts
- Acute trusts
- Care trusts
- Strategic health authorities
- Private healthcare providers
“The ‘tirelessly hard-working’ Stephen Evans recently represented Bristol District Care Trust in a mental health tribunal challenge.” (Chambers UK 2011)
“…a dynamic and motivated lawyer who will go to the nth degree for his clients.” (Chambers UK 2010)
When the decision in Devon Partnership NHS Trust v SSHC  EWHC 101 (Admin) came out on 22 January 2021 we said “Don’t Panic”. Further analysis and feedback from clients suggests there is cause for, if not panic, then some concern about the implications. In particular, there is a cohort of patients on renewed CTOs whose outcomes may be adversely affected.
The Divisional Court has today handed down a judgment that says, contrary to the advice given by NHS England, “personally examined” for the purpose of assessment for admission under the MHA means assessments cannot be undertaken remotely.
The Government made a statement on 16 July 2020 confirming, as widely expected, the implementation date for the Liberty Protection Safeguards has been put back to April 2022.
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.
The Supreme Court has decided parental authority CANNOT be used to authorise the deprivation of liberty of 16 and 17 years olds who lack capacity to consent to arrangements that amount to a deprivation of liberty.
Welcome to the Summer 2019 edition of Hempsons’ Social Care Newsbrief.
The Mental Capacity (Amendment) Bill was published on 4 July 2018. It aims to give effect, with some changes, to the scheme of Liberty Protection Safeguards recommended in the Law Commission’s Report: Mental Capacity and Deprivation of Liberty (2017).
Hospitals across the country are coming under increasing pressure as a result of the current winter crisis. NHS Providers has written to Jeremy Hunt to outline concerns that the NHS does not have sufficient beds or staff to manage the volume of required admissions. The need for Trusts to promptly discharge patients who are well enough to leave hospital has never been more intense.
Welcome to the latest edition of Hempsons’ Social Care newsbrief, a round-up of some of the hot legal topics in the social care sector.