Mark is a partner in our health advisory and litigation team. He has extensive experience in advising health and social care providers and commissioners on mental capacity and mental health law and representing NHS Trusts at complex and high-profile inquests.
Mark also advises on a wide range of other health law related issues, such as delayed transfers of care, duty of candour, confidentiality, consent to treatment and vexatious complainants. With a background in dealing with claims against mental health providers, including dealing with high profile and sensitive cases and advising on Human Rights Act allegations, Mark is noted for his in-depth knowledge of the NHS and the pragmatic and supportive way in which he approaches cases.
He frequently presents at seminars, networks, forums and webinars, as well as delivering bespoke training on the Mental Capacity Act, mental health law and inquests.
Application to the High Court to authorise ongoing deprivation of liberty of a 15-year-old girl in hospital and to make arrangements for discharge to an appropriate placement.
Advice and representation of a large teaching hospital NHS Trust in a high profile and sensitive inquest into the death of a young child.
Article 2 jury inquest following inpatient suicide at a mental health Trust. Numerous Trust witnesses were called, needing extensive support as well as detailed prevention of future deaths evidence required.
Advising a commissioner in relation to a complex package of care required for twins and associated Court of Protection proceedings.
"Mark Barnett is exemplary in responding quickly and supportively to matters which may suddenly arise."
"Most of my work has been with Mark Barnett; he looks out for the client and makes helpful suggestions as to what could be offered put forward if further negotiation is required. He is extremely approachable, reliable and helpful."
"Mark Barnett delivered bespoke training for our trust – he is is approachable and down to earth."
"Outstanding in their field for their skill, knowledge and overall supportiveness."
This is an important training course for practising clinicians and any NHS professionals who would benefit from understanding the inquest process, including those working in clinical governance and risk, complaints, family liaison and in-house legal teams.
The Liberty Protection Safeguards (LPS) were introduced in the Mental Capacity (Amendment) Act 2019 and will replace the Deprivation of Liberty Safeguards (DoLS) system. The LPS framework aims to deliver improved outcomes for people who are or who need to be deprived of their liberty.
Following on from the first webinar in the Liberty Protection Safeguards (“LPS”) series delivered by Mark Barnett and Chris Stark, the key points below from the webinar are summarised below.
The long-awaited draft Mental Capacity Act Code of Practice, including the Liberty Protection Safeguards (“LPS”), has landed.
Our speakers looked at the Mental Health Units (Use of Force) Act and what it means for hospitals in the mental health and acute sector.
The Liberty Protection Safeguards are due to be implemented in April 2022. Before this time there will need to be whole system change, training and implementation.
This session discussed the future of interaction between NHS Trusts and local government amidst a drive for better integrated care.
Following concerns being raised nationally about the impact of the pandemic on certain aspects of assessing and treating patients detained under the Mental Health Act 1983, “Legal guidance for mental health, learning disability and autism, and specialised commissioning services supporting people of all ages during the coronavirus pandemic” was published on 19 May 2020.
We have received a number of queries from our health and social care organisational clients regarding specific rights of social and healthcare patients they are treating and caring for during the COVID-19 Pandemic. We therefore thought it would be of assistance to provide another free webinar exploring these issues and answering commonly raised questions.