Mental Health Law - 2025 Virtual Conference

Introduction

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

Chair: 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.

Morning Break

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

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.

Break for lunch

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.

Afternoon break

3:15 - 4:15pm: Consent to Treatment - Fluctuating Capacity & Latest Update

Elizabeth Cleaver, Bindmands LLP

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.

Recording of live sessions: Soon after the Learn Live session has taken place you will be able to go back and access the recording - should you wish to revisit the material discussed.