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Doughty Street Chambers
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Aswini Weereratne
Aswini Weereratne specialises in mental health, medical and public law, including appearing before Mental Health Review Tribunals, Discretionary Lifer Panels, public inquiries and coroners. Since 1996 Aswini has been engaged as chair in six independent homicide inquiries commissioned by various health authorities. She has been counsel in a number of other inquiries relating to mental health care and treatment (including Ashworth Special Hospital Inquiry, 1998) [1]. Since 2001 she has been a part-time legal chair of the Mental Health Review Tribunal (Southern Region).
Mental health and public law Her most recent Inquiry report was published in September 2006 by the North East London Strategic Health Authority [2]. She has an in depth knowledge of the provision of mental health and other services, to those with mental disability especially in the community. She is similarly well versed in issues concerning dangerousness, and the overlap in the criminal justice and mental health jurisdictions. Her public law work has been almost exclusively in the area of mental health dealing with issues under the Mental Health Act 1983 and the Human Rights Act 1998. More recently this has extended to the review of prison and parole board decisions [3]. She is co-authoring a legislative guide to the proposed Mental Health Amendment [4]. Court of Protection, capacity and 'best interests' Aswini has experience of conducting cases before the Court of Protection objecting to the registering of Enduring Powers of Attorney following the incapacity of donors. These cases have included concurrent health and welfare issues [5]. She has also advised on capacity and best interests issues in other contexts, for example, the broadcasting of a television documentary about a woman with multiple personalities [6]. She is currently co-authoring a guide to the forthcoming Mental Capacity Act 2005 [7]. Tortious claims Another major strand of Aswini's work encompasses claims based in tort: negligence, misfeasance or other breach of duty. She has conducted numerous actions concerning institutional abuse, and other claims for damages for victims of physical and sexual abuse in residential homes. She is currently first junior in two multi party actions on behalf of boys abused at children's homes in the North West of England between the 1960s and 1980s. She also advises people with mental disorder in claims against public authorities, such a NHS trusts, social services department and the police [8]. She has experience of criminal injuries compensation claims [9]. Other Aswini has also undertaken consultancy work for factual programmes broadcast on national television [10]. She has contributed to a European health rights conference held in Budapest in January 2005 to promote the rights of the Roma people. She has also written and lectured on mental health and human rights in the UK. She is the consultant editor to Halsbury's Laws of England, Mental Health volume, published by Butterworth's in January 2006. She is recommended in the Human Rights section of Chambers and Partners. Notes
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Year of Call1986 Employed barrister 1988-91, Doughty Street Chambers since 1991 EducationBSc (Hons), Dip Law, LLM (Human Rights Law) with Distinction Email Addressa.weereratne@doughtystreet.co.uk Specialist TeamsAswini Weereratne is a member of the following specialist law teams: |
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