Aswini Weereratne

Profile

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).

Chambers: ~~“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.”~~

Mental Health and Court of Protection

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:

CM v Derbyshire Healthcare NHS Foundation Trust and another ~~[2011] UKUT 129 (AAC)~~: complaint by a patient that he had been wrongly detained in hospital for his chaotic lifestyle and drug use was upheld.
London Borough of Hillingdon v Steven Neary (by his LF the OS) and Mark Neary ~~[2011] EWHC 1377 (COP):~~ A case in which the court permitted the press to report. The court made declarations of unlawfulness under articles 5 and 8 and gave guidance on the approach to best interests assessments under schedule A1 of the MCA; and see the decision regarding press reporting: [2011] EWHC 413.
AH v West London Mental Health NHS Trust and another ~~[2010] UKUT 264 (AAC~~) and ~~[2011] UKUT 74 (AAC)~~: a successful application for a public tribunal hearing by a patient at Broadmoor detained under sections 37/41 MHA which set guidelines for such applications.
LBE v SK and others ~~[2008] EWHC 636~~. Welfare of incapacitated adult of Afghani origin. Issues of care, residence, sexual relations and marriage.

Actions Against the Police and Public Authorities

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:

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: ~~[2006] EWHC 2986; [2009] EWHC 4812; [2010] PIQR P3 (CA)~~ and most recently ~~[2010] EWHC 1005 (QB)~~: claimants won damages after trials on limitation and liability.

Inquiries and Inquests

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.

Appointments

Part-time Judge, First- Tier Tribunal (Mental Health) southern Region (Appointed 2001)
Independent Adjudicator for LSC Special Cases Unit (Appointed July 2008).