Contact us now on 0151-632 6699
Twitter site link LinkedIn site link

Opinion.

If you don’t plan, strangers could make decisions for you…

2020

WHICH TAKES PRECEDENCE, THE MCA OR GDPR?

By Peter Edwards June 10, 2020

  • 1811
  • 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…

Read the full article

‘Mental health awareness week’ for those ‘sectioned’

By Desi Williams May 19, 2020

  • 1790
  • 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…

Read the full article

2019

Mental capacity and sex. A review of case law.

By Laura Edwards December 20, 2019

  • 1804
  •  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…

Read the full article

Threats to effective advocacy

By Peter Edwards November 1, 2019

  • 1811
  • 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.…

Read the full article

RISK and the MHA – AN EVIDENCED BASED APPROACH

By Jenny Oxton October 23, 2019

  • 1828
  •             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…

Read the full article

THE CHALLENGE OF BECOMING AN ACCREDITED MHT REPRESENTIVE

By Florence Evennett October 21, 2019

  • 1792
  • 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…

Read the full article

Capacity means detention for life?

By Stephen Beard October 21, 2019

  • 1823
  • 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…

Read the full article

When to appoint an IMCA under the Liberty Protection Safeguards

By Paul Williams October 21, 2019

  • 1810
  • 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…

Read the full article

THE IMPORTANCE OF ‘I’ IN IMHA

By Catherine Pease October 21, 2019

  • 1787
  • 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…

Read the full article

2018

CODES OF PRACTICE – WILL I GET INTO TROUBLE IF I DO NOT FOLLOW THEM?

By Desi Williams October 5, 2018

  • 1790
  •   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?…

Read the full article

When religion and madness collide

By Stephen Beard August 31, 2018

  • 1823
  • 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…

Read the full article

Erosion of rights proposed by Tribunal – Peter Edwards Law hits back

By Peter Edwards June 14, 2018

  • 1811
  • 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…

Read the full article

Conflict in roles LF and IMCA?

By Laura Edwards May 30, 2018

  • 1804
  • 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…

Read the full article

Unsafe advice from the Solicitors Regulation Authority on confidentiality

By Desi Williams February 6, 2018

  • 1790
  • 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…

Read the full article

2017

A simple guide to section 117 aftercare

By Jenny Oxton November 29, 2017

  • 1828
  •     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…

Read the full article

Blood on our hands: The case of X

By Peter Edwards September 28, 2017

  • 1811
  • 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…

Read the full article

The myth of stigma?

By Peter Edwards September 28, 2017

  • 1811
  • 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…

Read the full article

2016

MENTAL HEALTH ACT – WHY DO HUMAN RIGHTS MATTER?

By Jenny Oxton December 13, 2016

  • 1828
  •     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…

Read the full article

C of P Pilots. Get them wrong and it could cost!

By Salil Kumar December 9, 2016

  • 1817
  • 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…

Read the full article

S. 17 leave and the potential for an unlawful deprivation of liberty

By Salil Kumar April 4, 2016

  • 1817
  • 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…

Read the full article

2015

Conditional Discharge and DoL – RB corrected (almost)

By Salil Kumar December 10, 2015

  • 1817
  • 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…

Read the full article

REPESENTING CLIENTS AT TRIBUNALS WHERE CAPACITY IS AN ISSUE

By Jenny Oxton October 13, 2015

  • 1828
  • 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…

Read the full article

DoLs and conditional discharge

By Salil Kumar August 4, 2015

  • 1817
  • 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,…

Read the full article

Another s.117 victory

By Salil Kumar July 22, 2015

  • 1817
  • “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…

Read the full article

The compliant incapacitated patient

By Salil Kumar February 4, 2015

  • 1817
  • 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…

Read the full article

Paul Williams on community care services

By Paul Williams February 3, 2015

  • 1810
  • 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…

Read the full article

Jenny’s views on the medical pre hearing examination at FTT

By Jenny Oxton February 3, 2015

  • 1828
  • 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…

Read the full article

Salil writes about nearest relatives

By Salil Kumar February 3, 2015

  • 1817
  • 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…

Read the full article

2014

Peter Edwards Law challenge to the smoking ban at Ashworth Hospital

By Stephen Beard July 29, 2014

  • 1823
  • 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…

Read the full article

Should alcoholics be locked up under the MCA?

By Jola Edwards May 12, 2014

  • 1799
  • 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…

Read the full article
Scroll to Top