Aswini specialises in mental health law including mental capacity, healthcare law and human rights. Her practice encompasses many areas in which this specialism is important, for example, the Court of Protection, prison law, community care, torts actions, inquests and inquiries.
Recommended in Chambers and Partners 2013 (Civil Liberties and Court of Protection) and the Legal 500 (civil liberties).
“She is amazingly bright and always has a steady hand on a case. She is singled out for her expertise in mental health and healthcare matters.”
And for Court of Protection:
“she deserves a special mention for her work in this area and her authoritative understanding of the Mental Capacity and Mental Health Acts.”
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 (published by Butterworth’s Lexis Nexis). Recent cases include:
Aswini has particular expertise in tort actions and Human Rights Act claims, for example, relating to assaults or unlawful detention against public authorities including social services, the police and immigration authorities, negligence by mental health professionals, and for misuse of private information. She is instructed in a series of group actions for victims of historic child abuse in children’s home, and also acts for individuals in such claims. Recent cases:
Aswini has been engaged as chair in six independent inquiries commissioned by various health authorities into homicides committed by patients within specialist mental health services. She recently co-drafted an intervention in the Court of Appeal in support of an immediate public inquiry into allegations amounting to torture by British Soldiers of Iraqi detainees in which judgment is awaited.
Part-time Judge, First- Tier Tribunal (Mental Health) southern Region (Appointed 2001)
Independent Adjudicator for LSC Special Cases Unit (Appointed July 2008).
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