Overview Aswini specialises in mental health law, healthcare law, human rights and tort actions against public authorities including social services and the police. She is also experienced in community care and prison law. Her practice encompasses both public and private law. She regularly appears in the Court of Protection dealing with issues of health and welfare, and has co-authored a text on the Mental Capacity Act 2005. She is often invited to lecture and write on both the Mental Capacity and Mental Health Acts and human rights. She has made successful applications to the European Court of Human Rights. She is an independent adjudicator for the Legal Services Commission in the area of institutional abuse. She also has long experience of inquests and inquiries. 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). Since 2001 she has been a part-time legal member of the Mental Health Review Tribunal (Southern Region) (now First-Tier Tribunal (Mental Health)). What the directories say Chambers and Partners 2009 (Human Rights): "...takes on challenging human rights cases relating to mental health, an area in which she has profound expertise." Reported cases include - AB and others v Nugent Care society: Institutional abuse multi party action. Physical and sexual abuse of boys in children's homes during the 1970s and 80s by staff leading to psychiatric damage especially post traumatic stress disorder: eg [2006] EWHC 2986; [2009] EWHC 4812; [2010] PIQR P3 (CA) and most recently [2010] EWHC 1005 (QB): two claimants won damages after trials on limitation and liability.
- LBE v SK and others [2008] EWHC 636. Welfare of incapacitated adult of Afghani origin. Issues of care, residence, sexual contact and marriage
- E v Channel 4 and News International Limited [2005] EWCH Fam. Acted for defendants to resist an attempt to restrain broadcast of a TV programme about the care and services provided for an incapacitated woman with multiple personalities
- R(IH) v Secretary of State for the Home Department; Secretary of State for Health and others [2004] AC. House of Lords. Acted for patient unable to take advantage of a decision to discharge him from high secure hospital for lack of community services
- R(Stevens) v Plymouth County Council [2002] MHLR. Case concerning rights of a mother to act on behalf of her mentally incapacitated son in relation to his place of residence and to disclosure of confidential information
- R v HM Coroner for Wiltshire ex parte Clegg [1997] 161 JP 521. Application for fresh inquest concerning 'neglect' in clinical care
- Read v Secretary of State for the Home Department [1989], House of Lords. Case concerning repatriation of British prisoner from Spain.
Inquiry work - Ashworth Hospital Public Inquiry, 1999: Junior Counsel for Ashworth Special Hospital (care of severely personality disordered patients in high secure hospitals)
- Inquiry into the Care and Treatment of Darren Carr. 1997: counsel to the inquiry, chair: Prof Genevra Richardson.
Chair of following homicide inquiries - Inquiry into the Care and Treatment of Shane Bath. 1999.
- Inquiry into the Care and Treatment of Simon Coombe. 2001.Dorset Health Authority.
- Inquiry into the Care and Treatment of David McMahon. 2001. Dorset Health Authority.
- Inquiry into the Care and Treatment of S. 2003. South West Peninsula Health Authority.
- Inquiry into the Care and Treatment of H. 2003. SWPHA.
- Inquiry into the Care and Treatment of Dennis Foskett. 2006. North East London Strategic Health Authority. (Report)
Publications - "Safeguards for informal patients": Journal of Mental Health Law, 20 (2010) 71. Special issue on "A model law fusing incapacity and mental health legislation - is it viable; is it advisable?"
- Chapter in Human Rights in the Investigation and Prosecution of Crime. Published by OUP in December 2009.
- Co author of Butterworth's New Law guide to the Mental Capacity Act 2005 published in April 2008.
- Reports following inquiries concerning Bath, Coombe, McMahon, S, H and Foskett (see above).
- Consultant editor, Halsburys Laws of England, Mental Health volume for publication in 2006. LexisNexis Butterworth's.
- Contributed to: "International Criminal Court's Trust Fund for Victims. Analysis and options for the development of further criteria for the operation of the trust fund for victims." A discussion document. Published by Redress, Dec. 2003.
- "This Judge's Humane Decision". Guardian 27 October 2000
- Also variously in Butterworth's human rights commentaries and New Law Journal.
Appointments Part-time President of Mental Health Review Tribunal, southern region, since 2001. Independent Adjudicator for LSC Special Cases Unit. Appointed July 2008. Seminars 2009: Law Society / Royal College of Psychiatrists: 'MHA 2007six months on', , Sweet and Maxwell Mental Health Law Conference, and Butterworth's Mental Health Conference. 2010: Royal College of Psychiatrists (Forensic), Annual Conference, Dublin: on homicide inquiries.
Forthcoming: Butterworth's Health Care Law Conference (June), Lexis Nexis Webinar on mental capacity (June) and British Association of Brain Injury and Care Managers (BABICM) (June). Other Training, in mental health law, report writing and MHRT presentation, of mental health social workers, care co-ordinators and psychiatric nurses in London Boroughs of Westminster and Camden.
Co-author of response, submitted to the Joint Scrutinising Committee of the House of Commons, of Bar Council of England and Wales to draft Mental Health Bill published in October 2004. Contributor to health rights conference organised by the European Roma Rights Centre and held in Budapest. January 2005. Consultant to independent production company/Channel 4 TV on: 1) 'Pamela' case relating to woman with multiple personality disorder and 2) 'fly on the wall' documentary of in-patient psychiatric units: "Unwell" screened on 9/10/2006
Legal advisor to Dennis Woolf productions for Channel 4 TV:
Birmingham Six Appeal: 1987
Gibraltar IRA inquest: 1988
Surinder Singh Police Race Discrimination: 1989/90
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Year of Call
1986
Employed barrister 1988-91, Doughty Street Chambers since 1991
Education
BSc (Hons), Dip Law, LLM (Human Rights Law) with Distinction
Email Address
a.weereratne@doughtystreet.co.uk
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