Mental health

John Holmes

partner & LEAD CONTACT

• London
• inquest and inquiries
• j.holmes@hempsons.co.uk
• 020 7484 7557

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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.

• The Mental Health Bill: Initial Analysis
• Mental Health Bill in numbers

Contact us