Mental Health

The law on mental health is complex and evolving. It concerns fundamental human rights, especially when compulsory detention or treatment is involved, and Articles 5 and 8 of the European Convention come into play. Hospitals, doctors, local authorities and approved social workers all have significant responsibilities under the Mental Health Act 1983 (MHA).

Particular groups of people with mental disorder may be additionally vulnerable e.g. because of youth or pregnancy, and may face overlapping problems to do with education, housing, access to healthcare, or domestic violence.

Members of Hardwicke Public have experience of the following aspects of mental health law, as well as related issues under the Mental Capacity Act 2005: advising on after-care services under s. 117 MHA, capacity to consent to or to refuse treatment, capacity to make decisions about property and affairs, chairing MHRTs, compulsory treatment for mental disorder, false imprisonment claims, hospital transfers, professional liability for failure to detain.

The Senior Practice Manager for mental health work is Daniel Kemp, who can be reached on 020 7691 0003 or email daniel.kemp@hardwicke.co.uk. Alternatively, please call any of our friendly and professional practice managers on 020 7242 2523 or email enquiries@hardwicke.co.uk.

QCs

George Pulman QC 1971 (1989)

Juniors

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17.02.2010
Public Law Newsletter February 2010