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.