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.
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.
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.
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.
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.
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.
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:
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
Children and rights to British Citizenship
Children and their rights toBritish Citizenship
Not everyone born in the UK has British citizenship automatically.
From 1 January 1983, British nationality law changed so that it is not enough to be born in the UK to have British citizenship.
This booklet explains who is a British citizen at birth and the rights of children who are not born with that citizenship to be registered as British citizens.
Open PDF here >>>
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:
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
I would like to thank Pickup and Scott solicitors
I would like to thank Pickup and Scott solicitors for their support in my immigration matter.
I would like to thank Salma Khan for her support, reassurance on times that I thought that my applications were going to fail, mainly because I had worked with other law firms and my application had not successful. Salma kept me updated and explained well the process and helped with the anxiety that I felt as I was worried that my application may not be successful.
Then when I received the good news about my application being successful was the icing on the cake. I am very happy with the outcome.
I would recommend anyone to Salma and Pickup and Scott as they have been very helpful to me.
Thank you so much Salma.
BK
When did you make a Power of Attorney?
If you registered a Lasting Power of Attorney between 1 April 2013 and 31 March 2017 you may be entitled to a refund of fees paid to the government, as they were set too high. Refunds between £34 and £54 may be claimable.
Help with residency application
I’m so blessed to have engaged Salma Khan to help with my residency application.
The process was smooth and expedited. I was treated kindly, respectfully and was explained everything in detail. The results were obtained faster than I expected and the entire stressful ordeal turned into a pleasant experience thanks to Salma Khan’s professionalism and expertise in the matter.
I highly recommend this firm to anyone wanting to have a stress-free bureaucratic experience!
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
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
Salma’s Service is Truly 5 Stars
“My family and I honestly have no words to describe how thankful we are to have had Salma Khan as our Lawyer. Salma has helped us all the way through and she genuinely cares for all her clients and doesn’t give up in anything. Salma’s service is truly 5 stars and would recommend it to anyone who is in need of an amazing lawyer.
We went through many hardships with our case having mistakenly overstayed but Salma’s extremely hard work still got me and my mum indefinite leave to remain. This is going to be appreciated for a very long time and she is a very skilled lawyer who knows everything in her field and would recommend her to anyone and everyone.
Thanks again Salma we will always remember you for what you did for us.”
Salma Khan – Profile Page