Mental Health

Mental Health Inquest

We act in hundreds of inquests each year for NHS Trusts, Independent Hospitals, Care Homes, Supported living providers and specialist Housing Associations.  These can include complex issues involving Article 2 ECHR and involve multi-agency working with local authorities or prisons.

Court of Protection

We regularly act for Mental Health and Acute Trusts in cases involving the need to provide patients with serious medical treatment (or withdraw it) under the Mental Capacity Act, or for Trusts and Commissioners who need the Court to authorise complex packages of care and support in the community.   We have been involved in a large proportion of the most significant cases considered by the Supreme Court.  

Public Inquiries

We are specialists in supporting organisations through high-profile investigations and inquiries.  We are representing a core participant in the Lampard Inquiry, an independent statutory inquiry investigating the deaths of mental health inpatients in Essex between 2000 and 2023.  We also advised the authors of an independent homicide investigation report following the killing of three people by a community patient in Nottingham.

CQC 

We act for mental health providers and other clients who are not satisfied with their CQC inspection outcome and want to challenge it, or providers who face regulatory enforcement action including criminal prosecutions.  Our advice on what to do in these situations is practical and understands the various priorities of our clients.

Mental Health Tribunals

We represent hospitals and Trusts when patients challenge their ongoing detention under the Mental Health Act.  We acted in the Upper Tribunal in a case involving whether the conditions of treatment could undermine the statutory criteria for detention.

Section 117

We have a specialist team that advises clients on the legal duties owed to patients needing aftercare following compulsory admission to hospital.  This may involve deciding who is the responsible commissioner and resolving disputes between public bodies based on complex law and guidance.  

Criminal Investigations

The environment for providing mental health services to vulnerable clients is coming under increasing scrutiny by the police, and incidents can lead to various investigations including criminal investigations for Gross Negligence Manslaughter and Corporate Manslaughter.  We have guided numerous organisations through these complicated and very sensitive circumstances.

Judicial Review

We act for clients as defendants whose decisions are being challenged for being unreasonable, irrational or unlawful.  We also initiate judicial review challenges to bring about change in the decisions of others that affect our clients.    Either way, we use the legal routes available to support our clients in achieving the outcomes that are in their interests.