Overlapping problems in the Court of Protection and the First-Tier Tribunal (Mental Health)

Tuesday 6 July 2021

Date: Tuesday 6 July 2021
Time: 5pm-6.30pm
Venue: Online  
Cost: Free
Areas of Law: Civil Liberties and Human Rights , Court of Protection , Mental Health Law , Administrative and Public Law

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This seminar will address the difficult, and increasingly common, issues relating to psychiatric patients detained under s 37/41 MHA 1983 who might be conditionally discharged or those detained under s 3 MHA 1983 ready for discharge or leave or a CTO but who lack capacity to make decisions about where to live and receive care and also may require a placement depriving them of their liberty. We will examine the interface between the First-Tier Tribunal (Mental Health) and the Court of Protection, and provision of section 117 aftercare and social care by local authorities and health authorities and potential problems with Legal Aid funding

This seminar will be of interest to Mental Health, Court of Protection and Criminal Justice practitioners.




Michael Etienne, Barrister, Garden Court Chambers (Chair)
Michael represents individuals at the Court of Protection. He recently represented a relative in a contentious cause concerning contact arrangements with P, obtaining a final Order that reduced some of the restrictions which had been imposed by a care home. Michael also represents individuals in challenging decisions to section them under the Mental Health Act 1983 before the Mental Health Tribunal. Prior to coming to the Bar, he was permitted to do this work as a member of the Law Society’s Mental Health Accreditation Scheme. He has secured a number of positive outcomes for his clients, ranging from variations to conditions on discharge into the community to discharge from section altogether. His clients have included those affected by the criminal and civil provisions of the 1983 Act. Michael recently won the 'Future Leader: Diversity and Inclusion' Award in the Chambers Awards 2020 and was shortlisted in the 'Young Pro Bono Barrister of the Year' category in the Advocate Pro Bono Awards 2020.

Helen Curtis, Barrister, Garden Court Chambers
Helen Curtis' legal practice concentrates on areas where the liberty of the subject is at stake, particularly in areas of mental health, prisoners and the Court of Protection. She appears before Tribunals, Parole Boards and courts through to the Court of Appeal. Helen is approved as a mediator on the Court of Protection Mediation Panel. Helen is instructed by: the Official Solicitor; Relevant Person's Representative (Paid); Litigation Friends from advocacy services; the local authority; or a family member, to represent a party in Court of Protection proceedings in matters of health and welfare or property and financial affairs. She appears in courts and tribunals where a person's mental health or lack of capacity is concerned. Her practice includes claims for unlawful detention, appeals and judicial review where appropriate. Helen writes regularly for the Garden Court Chambers Social Welfare Updates Blog.

Tim Baldwin, Barrister, Garden Court Chambers
Tim Baldwin is ranked as a leading junior in the Legal 500 for Court of Protection and Community Care, Social Housing and Civil Liberties and Human Rights. Tim is known for his fierce commitment to representing vulnerable, marginalised and disadvantaged clients. He has appeared in a number of reported cases in the Court of Appeal, High Court, and has significant experience in representing patients in the Mental Health Tribunal, in aftercare disputes and advising MIND on changes by Parliament to s 117 and safeguarding issues. Tim also specialises in Court of Protection proceedings concerning health and welfare decisions, specialist accommodation and DoLS issues for applicants and all respondents, including emergency applications and instruction by the OS. Recent cases have concerned disputes over residence, contact and care, together with DoLS and court authorisation of deprivation of liberty on discharge of patients from psychiatric care. Tim writes regularly for the Garden Court Chambers Social Welfare Updates Blog and was a contributing author to the LAG books Adult Social Care Law and Children’s Social Care Law by the late Stephen Knafler QC.

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