Mental Health

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Doughty Street Chambers has a highly experienced and committed team of practitioners in this rapidly developing, complex and sensitive area of law. Specialists within the team regularly give advice and representation in relation to issues arising in the context of mainstream mental health law such as detention and treatment under the Mental Health Act 1983, representation at mental health review tribunals and advice and representation in relation to both personal welfare and financial matters in the Court of Protection under the Mental Capacity Act 2005. In addition, the multi-disciplinary nature of the team enables members to provide specialist representation in a wider context where mental health issues arise such as crime, prisoners, inquests, housing, community care, immigration, professional negligence, disability discrimination, children with special educational needs, cases involving institutional abuse and homicide inquiries. The team has a strong public law background and extensive experience of human rights law and of taking cases to Strasbourg under the European Convention on Human Rights.

Within the criminal sphere the team has experience in dealing with mentally disordered offenders at all stages of the criminal justice process. Recent appeal cases have challenged convictions and sentences in light of fresh psychiatric evidence, particularly where the appellant has been transferred to hospital following conviction.

Members of the team have this year published two textbooks covering recent legislative changes in this area: Blackstone's Guide to the Mental Health Act 2007 and Butterworth's New Law Guide to the Mental Capacity Act 2005 (follow link above for details).

Doughty Street has a long and established relationship with the Mental Disability Advocacy Centre (MDAC) based in Budapest, Hungary, through Oliver Lewis, the Centre's director and an associate tenant. MDAC is an international non-governmental organization based in Budapest, Hungary, which works towards better human rights protection for people with mental health problems and intellectual disabilities across Europe and central Asia. The team is also proud to have as an associate tenant, Professor Jill Peay of the LSE who is at the forefront of research and publication on mental health law, decision making and treatment of mentally disordered offenders.

In addition the team has an ongoing seminar programme (see link above) which this year focuses on the legislative changes that have already recently been introduced, as well as those that will be introduced shortly, and in particular, covering deprivation of liberty under the Bournewood safeguards to be introduced by amendment into the Mental Capacity Act by the Mental Health Act 2007.

Team Members