Free Webinar - Release from Detention: Mental Health Act 1983 and Court of Protection

There is a growing number of cases where, although patients no longer meet the criteria for detention under the Mental Health Act 1983, the process of discharge from hospital involves the Court of Protection authorising care planning and the provision of accommodation under the powers contained in the Mental Capacity Act 2005, where the patient is deemed to lack capacity to make decisions as to residence and care.

This is an area of law where the powers and duties under Mental Health Act 1983 and the Mental Capacity Act 2005 interact and may conflict. These cases can cause confusion for professionals, tribunals, court and practitioners.

The aim of this webinar was to provide a clear, effective practical guide for practitioners to enable them to navigate such cases. This webinar provided an outline of the powers under the Mental Health Act 1983, such as Section 17 leave, conditional discharges, CTOs, and Guardianship, as well as the use of the powers under the Mental Capacity Act 2005 and Court of Protection to facilitate discharge and give effect to aftercare in the least restrictive environment for those deemed to lack capacity.

It also examined how capacity issues may be resolved within the jurisdiction of the Court of Protection for those detained under the Mental Health Act 1983.  

Speakers

Amanda Weston KC, Garden Court Chambers
Amanda is a leading public and administrative law silk. She specialises in legal advocacy for vulnerable adults lacking mental capacity, offering advice and representation in the Court of Protection, the inherent jurisdiction of the High Court and in Tribunals. She has a particular interest in cases concerning the care of elders wishing to remain at home, adult safeguarding policy, and the rights of those with learning disabilities. Amanda uses her expertise in mental capacity law and safeguarding practice to inform her approach to the representation of vulnerable adults and their litigation friends.

Helen Curtis, Garden Court Chambers
Helen Curtis is an established Court of Protection practitioner instructed by relatives of P or by P’s litigation friend whether the Official Solicitor, an ALR or an advocacy service. Due to her mediation skills,  Helen is often instructed in complex cases where there is a high degree of conflict between family members and health and social care services. Equally, Helen undertakes cases where capacity issues intersect with the operation of the Mental Health Act or across geographical borders.

Felicity Williams, Garden Court Chambers
Felicity Williams specialises in public law, Court of Protection and community care cases. She has particular expertise in representing young and vulnerable people in public law proceedings. Her casework includes deprivation of liberty issues, personal welfare applications and complex care packages. Felicity is experienced in community care and Children Act judicial review claims, which assists her approach to Court of Protection matters. Felicity acts for litigation friends, the Official Solicitor, local authorities and family members.

James Holmes, Garden Court Chambers
James specialises in Children’s Law, Court of Protection, International Family Law, Financial Remedies and Public Access Family Law. Due to his background in family proceedings, James has been able to develop a successful practice in representing vulnerable clients and their families in a wide range of health and welfare cases, including personal welfare disputes, challenges to deprivations of liberty, and contested applications. He has particular expertise in cases where there is a crossover with family proceedings, such as those involving issues of forced marriage or best interest decisions in relation to Vulnerable Young People whom are in Local Authority Care.