THE RELATIONSHIP BETWEEN THE MCA AND GDPR INVOLVING FAMILIES AND FRIENDS Peter Edwards, Solicitor 10.06.2020 “Acting as RPR should I/could I speak with family members? I am being told not to by my manager as it breaches GDPR, but this…

There has been very little coverage of those who are detained under the Mental Health Act at this difficult time. As part of a large team at Peter Edwards Law, we specialise in representing and supporting those who have been…

 By Laura Edwards (nee Stevenson), Solicitor – Peter Edwards Law Mental capacity in relation to sexual relations is an issue that will affect, not only the life of the person whose mental capacity is in question, but also any potential…

Keynote address by Peter Edwards to the National Advocacy Conference 31 October NEC Birmingham “No (effective) advocates. No rights.” In opening today I would like to reflect on the vital importance of your role, whatever type of advocacy you practice.…

            Jenny Oxton ILEX Peter Edwards Law – Head of MHT department Risk is often one of the most contentious points during the sectioning process or at a Tribunal / managers hearing.  So what is…

AT PETER EDWARDS LAW A personal view from Florence Evennett – Mental Health paralegal One in four people will be affected by mental or neurological disorders at some point in their lives. It has even seriously affected some people who are very close to me. I am sure…

Birmingham City Council v SR / Lancashire County Council v JTA (Court Of Protection case) Stephen Beard – Solicitor – Peter Edwards Law   This article – about the recent Court of Protection case – is of vital importance to…

Paul Williams and Duncan Dooley-Robinson Solicitors Peter Edwards Law The Mental Capacity (Amendment Act) 2019 received Royal Assent on 16 May 2019 and is expected to become law on 1 October 2020. The Code of Practice is expected to be…

Catherine Pease – Consultant Solicitor Peter Edwards Law I know their title gives it away but, surprisingly, not everyone seems to know, understand or acknowledge that IMHAs are just that – independent. Not only do they need to be truly…

  CODES OF PRACTICE – WILL I GET INTO TROUBLE IF I DO NOT FOLLOW THEM? Our legal right to make decisions on behalf of others requires us to follow ‘procedures prescribed by law’. But where do we find these?…

How will the Mental Health Tribunal approach my religious beliefs? Religion understandably plays an important role in many people’s lives. Being able to practice a religious faith and express religious views is an important concern for many hospital patients receiving…

Comments of Peter Edwards Law on the FTT proposals to change PHE’s and reduce hearings for references. We believe that this is an attempt by MHT senior judiciary, under pressure from the MoJ, to reduce expenditure resulting in a far…

Is there a potential conflict in the role of Independent Mental Capacity Advocate (IMCA) and that of the Litigation Friend? By Laura Stevenson – trainee solicitor Peter Edwards Law Please email any comments you may have to Laura at – laurastevenson@peteredwardslaw.com What…

The challenge of revealing confidential information about ‘clients’ who lack capacity to third parties. The SRA advice places lawyers at risk. This article is written by Desi Williams one of our accredited mental health tribunal representatives. I attended a Mental…

    Who qualifies for S117? The person who has been detained ‘P’ becomes eligible for S117 aftercare if they have been detained under sections 3, 37, 45A, 47 or 48 of the Mental Health Act (MHA) and then they…

Summary: Peter Edwards, director of Peter Edwards Law, a specialist mental health and capacity law firm, considers the impact and significance of the Re X (a child) Cases 3 – 5 before Sir James Munby (the so-called “blood on our…

I was recently asked to address a conference and was allocated the topic “A lawyer’s perspective on challenging stigma within the system.” This got me thinking. Stigma is real for most people suffering from mental disorders but what do we…

    One of the most concerning issues our client’s raise with us is respect for their human rights, and are these being violated by their detention and treatment under the Mental Health Act (MHA). In order to address this…

Court of Protection Pilots – Salil Kumar Get them wrong and you could be penalised in costs!   The Transparency Pilot The new Court of Protection was established by the Mental Capacity Act 2005 and is part of the Family…

Patients who are detained in hospital under the Mental Health Act 1983 are deprived of their liberty whilst receiving treatment in hospital. Such patients have the right to leave the hospital lawfully only if they are granted leave of absence…

Conditional Discharge and Deprivation of Liberty – A change for the better The wrongs of RB corrected (almost) During 2015, new case law has fundamentally changed the way in which restricted patients are discharged from hospital into the community. Prior…

As a legal representative I take instructions from my client’s and act on their behalf in accordance with those instructions.  So what happens if someone is not able to understand the situation they are in and the legalities of the…

The return of the Conditional Discharge for those DoL It may seem obvious that many patients when they are ready to be discharged from s.37/41 may well need considerable structure and support to successfully rehabilitate into the community. For some,…

“We have acted for a client whose section 117 status had been unlawfully removed by his MDT as the only reasons documented on the form for removing section 117 were to state that the client had, “continued to improve and…

Mental Health Act or DOLs and Mental Capacity Act? In the case of AM v South London and Maudsley NHS Trust and Secretary of State for Health [2013] UKUT 365, the solicitors acting on behalf of AM argued that AM…

Community Care Services and the right to a ‘needs’ assessment This short guidance provides information about your legal right to an assessment from your local authority for community care services, if you are deemed to meet the local authority’s eligible…

To Prelim or not to Prelim? Is the medical member a help or hindrance? There has been a change to the First-Tier Tribunal (Mental Health) process with regards to the preliminary examination by the Medical Member of the Tribunal (Rule…

The importance of the Nearest Relative and their power to discharge patients detained under the Mental Health Act (MHA) 1983.   Your nearest relative is usually a family member who has special rights and responsibilities if you are detained in…

Our challenge to the smoking ban at Ashworth Hospital – permission application listed We are currently representing a long term client in relation to a challenge (in the form of a judicial review application) to the total ban on smoking…

RB v Brighton and Hove CC (2014) EWCA Civ 561, (2014) MHLO 25 In my previous article under the heading ‘When should the state prevent vulnerable people from having sex?’  I did not anticipate that Richard Gordon QC would try to…