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Mental Health Providers' Forum

Mental Health Providers' Forum

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Our mental health providers’ forum webinar was hosted on 18 November 2021. During this webinar, we provide a broad overview of inquests following the death of a mental health service user, whilst highlighting the common features of inquests involving mental health providers, as well as the emerging themes and trends from our perspective. Additionally, we also set out the current position in respect of the law around the deprivation of liberty of children and young people in the community. Including, where responsibilities lie as a commissioner, Trust or local authority, the legal frameworks and appropriate process to be followed, as well as what is on the horizon in terms of upcoming or anticipated changes. The most recent relevant case law in this area and the practical implications of these decisions is also concisely summarised.

The treatment and detention of mental health patients is rising up the media agenda, with more and more scrutiny on the behaviour of organisations involved with potential for reputational damage and financial risk. Could you benefit from our advice?

How we can advise you

From the legalities of compulsory detention to the adequacy of record keeping, we can work with you and keep you up-to-date on a wide-range of mental health issues including:

  • the interpretation and application of the Mental Health Act (MHA) 1983
  • the lawfulness of detention, consent to treatment and funding issues 
  • representation and advice at the Mental Health Review Tribunal
  • defence of claims for false imprisonment 
  • judicial review/habeas corpus cases 
  • the powers of the Mental Health Review Tribunal
  • the conduct of managers’ hearings

As well as specific legal advice for particular situations, we can also help you create and embed policies and instil best practice across your organisation, for example by:

  • drafting policies on the restraint of patients, searches and discharge
  • advising on health service policies, including assistance with drafting policies and procedures 
  • giving lectures and seminars on specialist topics including changes to mental health legislation and the Mental Capacity Act 2005
  • training staff in an offender healthcare setting about relevant mental health legislation