Mental health
Support and guidance for NHS Trusts and Strategic Health
Authorities on all legal aspects of mental health.
Mental health is a highly technical and complex field of law,
with a number of sensitive and controversial areas where decisions
made by health professionals can attract public scrutiny.
The law is still governed by the aging Mental Health Act of
1983, but the introduction of the Human Rights Act has raised
issues of incompatibility. Further important legal
developments have occurred in cases such as HL v UK (the
Bournewood case), which went to the European Court of Human
Rights.
More recently the Mental Capacity Act 2005 has come
into force, and with the 2006 Mental Health Bill still before
parliament, there is continuing debate over how to improve and
update the law on mental health issues. All these developments make
it essential for NHS bodies to receive specialist legal advice
from experienced professionals.
Weightmans’ Mental Health team has considerable expertise in
dealing with the most common and critical issues affecting NHS
Trusts and Strategic Health Authorities. Our specialist lawyers
provide a wide range of advice, support and guidance in an
ever-changing legal landscape.
Typical of the cases we become involved in are decisions to
detain, issues concerning treatment for both physical and
mental health, surgical treatment of patients who lack
capacity to consent, and children refusing to eat.
We understand the practical implications of the advice we
provide, and the overriding importance of ensuring that
patients receive effective treatment and continuity
of care. Our 24-hour helpline ensures access to
experienced lawyers on any problem that arises during or outside
normal working hours.
As part of our all-inclusive service, we present regular
seminars on topics such as the Bournewood case and
the recent enactment of the Mental Capacity Provisions.
We also deliver training programmes to ensure
key personnel and front line staff are trained to operate
safely and legally in this new and challenging environment.