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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.

 

Wrongful Detention Under the Mental Health Act

Wrongful Detention

The law sets out safeguards to ensure that detentions under the Mental Health Act are necessary. Professionals should ensure that alternatives are considered such as voluntary admission. Most detentions under section are legal. The proper way to challenge whether a section is needed is by an application to the independent Mental Health Tribunal which forms the best safeguard to protect a patient’s rights.

In a very few cases detentions are not valid. Your solicitor will always check the section papers which are application and supporting forms to make sure they have been completed correctly. The law allows for minor errors to be corrected but sometimes there is a major issue which means the detention is not valid. Examples can be where the wrong nearest relative was consulted or not consulted at all, (and an explanation of why they were not consulted is not given) forms unsigned or the wrong name for the patient.

If a hospital discovers a patient has been wrongfully detained they can assess whether a fresh application for a section could be made. This would not correct an earlier error but the new section would probably be valid.

We have experience of advising people who have been wrongfully detained and hospitals and social workers who are facing a possible claim. Wrongfully detained patients may be entitled to compensation.

more about Mental Health Solicitor

What is mental health law?

Mental Health Law.

Most of that law is contained in an Act of Parliament called the Mental Health Act. It has been amended several times and this year there has been further discussion about changing it.

Sometimes a person who has a mental illness is unaware of how bad it is, how it affects them and others, or whether they are ill at all. They may not always be able to make sound judgments. The law can allow others to make decisions on their behalf, including medical treatment, even when they refuse.

It is a delicate balance between wanting to protect people’s right to make their own decisions and the need to keep them and the public safe.

Often, we find that a person has been gradually getting ill over a number of years. Their family have been trying to get help and it has reached a crisis point.

The patient is admitted to hospital for a few weeks and then discharged. With little time to prepare, carers and family members find it difficult to access the necessary help and support when it is needed.

As specialists in Mental Health Law, we get involved when patients apply to a Mental Health Tribunal. The patient has a right to apply when they are detained in a psychiatric hospital and legal aid is available for this.

The tribunal is an independent panel of specialists who review whether the detention is necessary. Some patients are in hospital because they have committed a criminal offence and the court has sent them to a hospital to get treatment rather than go to prison.