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.
Key services and issues
- Applying legislation
- Child and Adolescent Services, including the Zone of Parental Control and safeguarding
- Compulsory treatment Community Treatment Orders
- Deprivation of liberty, use of the Safeguards and challenges to authorisations in the Court of Protection
- Homicide and other inquiries
- Hospital Managers power of discharge and hearings
- Inquests
- 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
- Judicial Review Capacity and consent, including Advance Directives and Lasting Powers of Attorney
- Mental Health Tribunals
- Policies and risk management
- Section 117 aftercare and funding
- SUI investigations
- Training
Our work
- 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.
- Regular advice on issues for inquests, providing support for staff and representing trusts, up to and including Article 2 inquests with juries.
- Representation of the Responsible Authority at Tribunals.
- Successful challenge to a Tribunal decision to order deferred discharge when a Community Treatment Order was clearly contemplated.
The Mental Health Bill
The publication of the new Mental Health Bill on 6 November 2024 marks a significant milestone in the ongoing process of reviewing and reforming the 1983 Act, a journey that began in 2017.
We will delve into the history, examine the aspirations, and comment on the actual changes as the Bill progresses through Parliament.
Contact us
Sectors
Services
PeopleView all
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- Manchester
- clinical negligence, criminal defence
- a.ball@hempsons.co.uk
- 0161 234 2402
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- Manchester
- healthcare litigation, clinical negligence
- k.blohm@hempsons.co.uk
- 0161 234 2451 / Twitter: @BlohmKb
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- Harrogate
- advisory
- j.bullivant-clark@hempsons.co.uk
- 0142 372 4074
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- Manchester
- advisory
- h.claridge@hempsons.co.uk
- 0161 234 2427
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- Manchester
- advisory
- k.dean@hempsons.co.uk
- 0161 234 2457
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- Manchester
- health and safety, inquest and inquiries
- j.down@hempsons.co.uk
- 0161 234 2496
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- Harrogate
- advisory
- p.doyle@hempsons.co.uk
- 01423 724028
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- Harrogate, Newcastle
- mental health, healthcare litigation, advisory
- s.evans@hempsons.co.uk
- 01423 724010
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- Harrogate
- advisory
- r.harding@hempsons.co.uk
- 01423 724 114
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- Harrogate
- advisory
- r.hawkin@hempsons.co.uk
- 01423 724105
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- London
- advisory
- F.Jago@hempsons.co.uk
- 020 7484 7568
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- Newcastle
- advisory
- e.johnston@hempsons.co.uk
- 0191 230 6058
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- Manchester
- advisory
- m.kneen@hempsons.co.uk
- 0161 234 2501
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- London
- advisory
- a.rao@hempsons.co.uk
- 0207 484 7699
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- Harrogate
- inquest and inquiries
- h.stephenson@hempsons.co.uk
- 01423 724138
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- Newcastle
- advisory
- E.Stokes@hempsons.co.uk
- 0191 230 6074
NewsView all
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Court of Protection guidance: When not to go to Court and how to when you do
The Vice President of the Court of Protection has issued helpful guidance HERE on bringing proceedings in relation to proposed “serious medical treatment”.
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Covid-19 Vaccination – Best Interests & Medical Treatment – Re CR [2021] EWCOP19
In this, the third reported Covid-19 vaccination case, Hempsons represented the applicant CCG.
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Don’t panic! But remote assessment for MHA detention is NOT allowed
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.
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Full Steam Ahead On Changes To The Deprivation Of Liberty Safeguards
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).
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Hempsons celebrate new rankings in the Chambers UK Guide 2023
The Chambers UK Guide 2023 has been published and the most significant change in this year’s rankings sees us ranked for the first time in the Police Law: Mainly Defendant category, in Band 3.
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Key legal development update – January 2020
Key legal developments in healthcare and medical law for January 2020.
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Key legal developments update – July 2021
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.
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Liberty Protection Safeguards – an update
Liberty Protection Safeguards (“LPS”) are due to replace the current Deprivation of Liberty Safeguards.
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Liberty Protection Safeguards – start date significantly delayed
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.
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Liberty Protection Safeguards delayed “beyond the life of this Parliament”
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.
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Newsflash: Hospital Resources Amid Covid-19
On 9 April 2020, Chamberlain J. handed down his judgment in the case of University College London Hospitals NHS Foundation Trust v MB [2020] 882 (QB) in which Hempsons and Simon Sinnatt, Counsel from 1 Crown Office Row Chambers, represented UCLH.
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Newsflash: R (on the application of 1) Silviu Mitocariu, 2) Costica Lazarel) v Central & North West London NHS Founda...
Is there any legal obligation on NHS Trusts to make regular payments or give ‘pocket money’ to hospital in-patients detained under the Mental Health Act 1983 when they cannot meet any personal expenses themselves?
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Newsflash: Young persons and deprivation of liberty
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.
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Podcast: Walking the tightrope – patient capacity, best interests, and disclosure
Stephen Maratos and Stephen Evans discuss patient capacity and best interest decisions when it comes to treatment, and the importance of accurate disclosure in inquests and civil claims.
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Reforming the Mental Health Act – Government proposals and consultation
The Government has published details of a ‘Reforming the Mental Health Act’ White Paper. The paper is intended to build on the recommendations of the 2018 Independent Review and emphasise principles of choice and autonomy, least restriction, therapeutic benefit and recognition of the person as an individual. The aim is to increase parity between physical and mental health.
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Summer 2022 partner and associate promotions at Hempsons
With effect from 1st July 2022, Clementine Robertshaw and Rachel Croft have been promoted to partner, and Rachael Hawkin, Sam Stone, and Bronya Greatrex became our newest associates.
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The Devon decision and remote examination: where to go from here?
When the decision in Devon Partnership NHS Trust v SSHC [2021] 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.
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The Mental Health Bill: Initial Analysis
Mental Health Bill 2024: An initial overview of the proposed changes and potential impacts on mental health services.
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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.
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Young autistic people still dying despite coroner warnings over care
The BBC have conducted an investigation into the deaths of over 4,000 autistic people over the last 10 years.
Resources
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Chambers UK 2023
“Their advice always includes a sensible commercial approach to dispute resolution.”
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Chambers UK 2023
“Hempsons is a highly regarded nationwide mental health team looking after the legal interests of NHS trusts and clinical commissioning groups.”
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Chambers UK 2023
“The team are always quick to respond and happy to pick things up at short notice.”
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Chambers UK 2023
“They're very knowledgeable and equipped with the latest case laws and updates.”