-
I specialise in health and social care law and regulation with many of my clients being providers of care services, either in the NHS, independent or not-for profit sectors. I assist clients who either need help with technical areas of law such as the Mental Health Act, the Human Rights Act, the Mental Capacity Act, the Care Act, with healthcare regulation, or clients who are facing practical problems in delivering their services. I aim to provide advice and representation which is centred around my clients’ best interests, being mindful of their legal responsibilities, commercial interests and the value of their reputation. I have previously worked in-house advising on quality, compliance and strategy issues in mental health and learning disability services.
I regularly advise and represent health service commissioners and local authorities.
I assist clients who either need help with technical areas of law such as the Mental Health Act, the Human Rights Act or the Health and Social Care Act or who are facing practical problems in delivering their services. I aim to provide advice and representation which is centred around my clients’ best interests, being mindful of their legal responsibilities, commercial interests and the value of their reputation.Stuart Marchant stands out for his niche in complex mental health litigation, which he handles alongside broader regulatory work in the health and social care fields.
When necessary, I support and represent organisations in the various courts that apply to them, including the Court of Protection, the Administrative Court (Judicial Reviews), the Coroner’s Court, Mental Health Tribunals, the Care Standards Tribunal and the Criminal Court. I also represent clients in safeguarding investigations, equality challenges and health and safety investigations where necessary.
I enjoy writing and speaking on health and social care issues and have an ongoing interest in the way that care services are supported and/or impacted by the law.
In addition to my practice I am a Visiting Fellow of Loughborough University,
I am always happy to speak to new and existing clients by telephone or by email and I understand the reassurance that a quick conversation can often provide.
Publications:
I have written a number of articles for Care Management Matters. I am also a member of the Editorial Committee of Clinical Risk magazine and a peer reviewer for The Psychiatrist by the Royal College of Psychiatrists.
Seminars and Training:
I regularly provide in-house and external training to clients on health and social care regulation, mental health law, mental capacity law, inquiries and investigations. I also speak at conferences and seminars on issues pertaining to the Care Act 2014, and safeguarding vulnerable people and deprivation of liberty.
He is absolutely wonderful and the kind of legal adviser you want - he gives very straightforward and comprehensive advice and is collaborative with the other parties.
-
CQC’s Next Wave of Regulation and Enforcement
25/03/2021
CQC’s Post-Covid Priorities for Inspection and Enforcement in Physical and Mental Health
A lower threshold for unlawful killing and suicide at inquests
18/11/2020
Supreme Court delivers key judgment with implications for health and safety, corporate manslaughter and suicide
Coronavirus Act 2020 - Changes for Mental Health
01/04/2020
What should your organisation be doing in preparation for the changes?
CQC Challenge Success Stories
28/08/2019
Bevan Brittan advises clinicians in landmark end-of-life judgment
07/08/2018
Mental Capacity Law and Policy
Case Summary: An NHS Trust and others (Respondents) v Y (by his...
02/08/2018
Court of Protection case summary
Thought Piece on Quality Matters
31/07/2017
Treatment in an intensive care unit does not constitute deprivation of...
31/01/2017
The case of Ferreira v HM Senior Coroner for Inner South London in the Court of Appeal
Children – An Update on Consent to Medical Treatment and Deprivation...
12/10/2015
It is well established that children can, in certain circumstances, provide or withhold consent to medical treatment.
The Care Act 2014: Promoting well-being, safeguarding vulnerable...
11/06/2015
As of 1 April 2015, the care system landscape in the United Kingdom changed with the implementation of the Care Act 2014.
Deprivation of Liberty & Supported Living Arrangements
18/02/2015
The Streamlined Court Process – What you need to know
The deadline for comments on the draft Market Oversight guidance is...
17/02/2015
The Care Quality Commission (CQC) has published draft guidance for all adult social care providers, partners and members of the...
Was there a winner at Aintree?
06/11/2013
On 30 October 2013, the Supreme Court handed down its first judgment on the Mental Capacity Act 2005 and in doing so gave some...
A smoke free mental health environment: where are we now?
18/10/2013
A smoke free mental health environment: where are we now?
A new start and strengthening corporate accountability in health and...
11/07/2013
The last few weeks have seen the launch of two consultations which map out the forthcoming wholesale re-design of the regulation...
Regulatory Matters - Will pointing the finger of blame work?
25/02/2013
The challenge for all is to create real and lasting differences in the health and social care spectrum. This article examines some...
Bevan Brittan LLP has an excellent team that operates nationally through its various offices. Clients include commissioners and providers across the health, social care, education and housing sectors. It works with the public, independent and third sector (such as charities) advising on a whole host of complex issues under the Mental Capacity Act and Mental Health Act as well as human rights and equality issues (including liberty protection safeguards). Out of London Stuart Marchant is a leading member of the team.