a laptop and microphone
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Mental Health Law Conference

Mental Health Law 2025 – Virtual Conference

29 September, 2025, 10am to 4:15pm

 

Introduction

Chaired by Sian Davies, this online conference with a panel of leading experts offers a comprehensive update as to the current hot topics in this fast-moving area. Each session will provide a full opportunity for questions and answers.

Conference Agenda

This live and interactive 5 hour conference will cover the following:

10am – 11am: Interface between MHA 1983 and Deprivation of Liberty Safeguards (‘DOLS’) under the Mental Capacity Act 2005,
Sian Davies, 39 Essex Chambers

This session will explore the relationship between the Mental Health Act 1983 and Deprivation of Liberty Safeguards (DOLS) under the Mental Capacity Act 2005. It will cover which statutory framework applies in different circumstances, which takes priority, and the application of DOLS in cases of guardianship or Community Treatment Orders (CTOs). The session will also examine the impact of Manchester University Hospital NHS Foundation Trust v JS & Others under MCA 2005, Schedule 1A.

  • Which statutory scheme applies in what circumstances?
  • Which takes priority?
  • Can DOLS apply in cases of guardianship? CTO?
  • MCA 2005 Schedule 1A: decision in Manchester University Hospital NHS Foundation Trust v JS & Others

 

11:10am – 12:10pm: Section 117 MHA 1983: After-Care
Sian Davies, 39 Essex Chambers

This session will focus on Section 117 of the Mental Health Act 1983 and the after-care provisions it outlines. It will cover the definition of after-care, including what services are provided and which are excluded. The session will also explore exclusions for individuals from abroad, clarify who holds responsibility for after-care needs post-Worcestershire, and discuss when and how the after-care duty concludes. This session is essential for understanding the scope and responsibilities related to after-care under the MHA.

  • What is after-care? What services are included and excluded?
  • After-care for persons from abroad: exclusions?
  • Who is responsible for meeting after care needs post-Worcestershire?
  • How does the after-care duty end?

 

12:10pm – 1:10pm: How to be a Good Mental Health Lawyer (and keep up to date with law reform)
David Pickup, Pickup & Scott Solicitors

This session will focus on the key qualities and practices that make a good mental health lawyer. We will discuss how to effectively represent clients by being well-prepared and knowledgeable, while also maintaining a professional and comfortable relationship with the tribunal and the client. Additionally, we’ll explore the importance of professionalism, being helpful, and ensuring safety in practice. We’ll also cover effective questioning techniques, fostering strong professional relationships, and how to anticipate and navigate future developments in mental health law cases.

  • Effective preparation and knowledge for client representation and tribunal hearing
  • Building a professional and comfortable relationship with clients
  • Techniques for asking questions effectively in hearings
  • Strategies for maintaining professionalism and anticipating future developments in cases

 

2:00 – 3:00pm: Decisions, Decisions, Decisions – When to Challenge
David Pickup, Pickup & Scott Solicitors

This presentation will focus on when legal professionals should consider challenging key decisions within mental health proceedings. We’ll explore critical decisions such as when to adjourn hearings, whether to discharge an individual from care, and the timing of making recommendations. Understanding when and how to challenge these decisions is essential for safeguarding the rights of individuals, ensuring fair legal processes, and promoting outcomes that are legally sound and in the best interest of those involved.

  • Identifying key decisions in mental health proceedings that may warrant challenge
  • Understanding the legal grounds for challenging adjournments, discharges, and recommendations
  • Exploring the impact of challenging decisions on the rights of individuals in care
  • Ensuring fairness and legal soundness in decision-making processes
  • Promoting outcomes that align with the best interests of individuals involved in mental health proceedings

 

3:15 – 4:15pm: Consent to Treatment- Fluctuating Capacity and Latest Update
Elizabeth Cleaver, Barrister, Doughty Street Chambers

This session will explore consent to medical treatment for patients detained under the MHA, focusing on fluctuating capacity. The session will cover the statutory framework, CQC guidance, and recent Court of Protection case law, including Leicestershire County Council v P & another [2024], the first case addressing fluctuating capacity in individuals with dissociative identity disorder and complex PTSD. The session will also examine legal frameworks for authorising treatment in patients with mental disorder or impaired capacity, making it a vital session for legal professionals and clinicians involved with MHA patients.

 

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Vacancy for Probate and Private Client Caseworker

Vacancy for Probate and Private Client Caseworker

 

Pickup & Scott Solicitors of Aylesbury has an immediate vacancy, ideally for a law graduate who wants a legal career.

 

The position is full-time, office-based, and duties include:

  • Dealing with clients, some of whom may be vulnerable and under stress,
  • Typing correspondence, emails and other documents,
  • General administration,
  • Preparing estate accounts, will instructions, and Powers of Attorney
  • Keeping records of documents.

 

Applicant must have good IT and communication skills and be able to work well with colleagues.

Please send your CV to david@pickupandscott.co.uk

Advising Clients with Mental Health Conditions by David Pickup

Advising Clients with Mental Health Conditions

 

This clear and practical book will assist you with a guide to common legal problems that clients with mental health problems experience and how to approach them to ensure vulnerable clients receive excellent advice.

Advising Clients with Mental Health Conditions is designed to aid solicitors in advising clients who have mental health problems, and their carers, and to assist the solicitors who represent clients at Mental Health Tribunals with the many other legal issues they may have.

 

The book provides practical advice on topics such as:

  • hospital admissions, discharge and client visits;
  • access to services, including complaints, for clients and their carers;
  • diverse legal needs, e.g. criminal, wills and probate, trusts and gifts, family, immigration, housing, employment and legal aid;
  • mental capacity law and the Mental Health Act 1983;
  • interaction between human rights laws and mental health; and
  • differences in mental health law and practice in Wales.

Clients with mental health conditions are entitled to the same quality advice and respect as any other client. This clear and practical book will provide practitioners with a guide to common legal problems that clients with mental health problems experience and how to approach them, to ensure vulnerable clients receive excellent advice.

 

Available to buy from the Law Society – https://bookshop.lawsociety.org.uk

 

Cover Preview – Advising Clients with Mental Health Conditions

Coronavirus Update

 UPDATE 26th Aug 2020

 

The office building is open although some staff are working from home.

We can offer telephone and video appointments.

 

You can use the following email,

david@pickupandscott.co.uk

or one of the telephone numbers below.

 

Private law: wills and probate

We have now been joined by Mrs Jennifer Bleby who will be working part time on Mondays, Tuesdays and Thursdays. She can advise on wills, powers of attorney and probate matters.

 

You can use the following email reception@pickupandscott.co.uk or one of the telephone numbers below:

 

Mental Health department

Justin Start 0777 236 8637

Georga Godwin 01865 596717

David Pickup 0783 158 6017

Criminal department

Alex Brown 07972 546215

Rav Dhillon 07816 489528

Immigration department

Salma Khan 07813 351631

Kevin Scott 07794896477

 

Rising Star in Law

Salma Khan won the Award for Rising Star in Law at the British Muslim Awards 2019!

Read more

Parole Board Rule Reforms

In March 2018, following the High Court decision in the case of Worboys, the Secretary of State announced a comprehensive review of the Parole Board rules. The report, following that review, has now been published and several proposals for further reforms have now been set out.

Read more

Recall to Prison

This post is addressing the following question:

“My partner has been recalled back to prison for having a positive drug test. He volunteered to stay in a probation hostel for 3 months and to be drug tested, Will he have to do a full recall of 19 months?”

 

Following the revocation of his licence and recall back to prison your partner will be entitled to have a review of his detention in custody. That review will initially be carried out by the Public Protection Unit on behalf of the Secretary of State for Justice. They will look at what triggered the decision to recall and whether the recall was appropriate. They will then need to consider whether his risk could be safely managed in the community or whether his risk remains too high to be released.

His case may then be passed to the Parole Board who will decide whether he should remain in custody, the matter progress to an oral hearing or whether he should be re-released.

This is the position for someone who has received a standard or emergency recall. If your partner has received a 28 day recall he will be released after having been detained for 28 days in custody.

If the Public Protection Unit and the Parole Board fail to release your partner following the first review he will be entitled to a further review approximately 12 months later.

Therefore the maximum your partner will be detained as a result of being recalled back to custody is 19 months but he will have the opportunity of being re-released before that time.

It is important your partner obtains the help of a prison law solicitor to assist him through this process. Pickup and Scott Solicitors are experts in this area of law and would be happy to advise further.

Lisa Gianquitto
Prison Law Supervisor
Pickup and Scott Solicitors

Justice Secretary Announces Ambitious First Steps In Overhaul Of Parole Board

Justice Secretary David Gauke ordered a review of Parole Board processes in January, with the purpose of increasing its transparency, restoring public confidence, and improving the treatment of victims. The findings of the urgent review have been published alongside a comprehensive package of reforms.

One immediate result of this work is the introduction of transparency to the parole process by amending Rule 25 to remove the blanket ban that prevents the Parole Board from disclosing information about its decision-making.

https://www.gov.uk/government/news/justice-secretary-announces-ambitious-first-steps-in-overhaul-of-parole-board

Will this affect you if you have a Parole Board Hearing due?

Contact our Prison Law Department for help

 

Legal Aid in Prison Law Restored in Three Key Areas

Legal Aid For Prisoners Has Now Been Restored in Three Key Areas

As you may be aware, on 2 December 2013 the Government issued widespread cuts to the Legal Aid. The act restricted the types of work we could undertake under public funding.

However, the Howard League for Penal Reform and the Prisoners’ Advice Service have spent many hours fighting to challenge this decision and in April 2017 the Court of Appeal finally ruled in their favour.

 

The three appeal court judges, Lady Justice Gloster, Lord Justice Patten and Lord Justice Beatson, stated:

“At a time when … the evidence about prison staffing levels, the current state of prisons, and the workload of the Parole Board suggests that the system is under considerable pressure, the system has at present not got the capacity sufficiently to fill the gap in the run of cases in those three areas.”

 

 

The Courts concluded that Legal Aid should be restored in three key areas of Prison Law:

  • Pre-tariff sift
  • A-Category Reviews
  • Decisions relating to Close Supervision Centres (CSC)

 

We are pleased to confirm Legal Aid will be available for these matters from 21 February 2018

More about our Prison Law

What We Do and Don’t Offer

Pickup and Scott has a team of specialist solicitors, with a wide range of expertise.

Sometimes I think it is easier to explain what we do not do than what we cover, so let us start off with that.

At our practice, we do not offer conveyancing; this is the service you need when you are buying and selling houses. We are also not able to offer Family Law which covers divorce, relationship breakdown and disputes regarding children. We do however have a strong network of local contacts and are more than happy to refer clients to other firms that can help with these areas of law.

We do have a team of specialist solicitors who have an extensive range of knowledge and expertise when it comes to Criminal Law, Prison Law, Mental Health Law, Immigration Law and Private Law. Letus outline what these cover:

  • Criminal Law is about representing people accused of a crime
  • Prison Law is about advising someone who is in prison about such issues as parole
  • Mental Health Law is about people who are in a hospital and have not agreed to the admission
  • Immigration Law is for people coming to this country and about their rights to stay
  • Private Law covers what happens to your money and property when you die, looking after someone who cannot look after themselves and generally protect someone’s property.

These areas of law are very specialised and every member of our team who is involved in giving advice has been specially trained. We also have to ensure that our advice is up to date, so you can trust that we provide current and informed advice.

There may not be an obvious link between the different types of law we cover, but our aim is to provide the best support to people who need our help.

A Typical Day in the Office

When you work with this range of specialist solicitors, there is no such thing as a typical day. Our lawyers may be going out to see people in court, in prisons, in hospitals, or in their homes if they cannot get to us. We often get contacted by people in police stations, hospitals and prisons, who need urgent help. So even if we plan ahead, our schedule can change as we provide an immediate response.

With people coming in and solicitors going out, you can see the benefit of a strong team that also includes office-based staff. If you give us a call, you won’t get directly through to a solicitor. Be prepared to let us know what area of law you wish to discuss and we will ensure you get to speak to the right person.

David Pickup – Senior Partner – Head of Mental Health Law