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.
Inherent Jurisdiction application
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.
Inquest – child death
Advice and representation of a large teaching hospital NHS Trust in a high profile and sensitive inquest into the death of a young child.
Inquest – inpatient suicide
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.
Complex Court of Protection proceedings
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."
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Inquests and Article 2 of the European Convention of Human Rights (ECHR) A practical guide following the case of Maguire
Navigating the complexities of detention: insights from a recent Mental Health Act / Mental Capacity Act interface case
Mock Inquest Training Sessions
The Liberty Protection Safeguards – how can we help?
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.
Liberty Protection Safeguards – It’s out: MCA LPS Consultation
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.
LPS - it's out - what do you need to know?' Part 1: Regulations and Code of PracticeThis on-demand session deals with what we now know so far about the finer detail of the LPS proposals, particularly focussing on the practicalities of implementing the LPS system.
Legal Update - Shared Insights
Shared Insights: Mental Health Units (Use of Force) Act: What does it mean for hospitals in the mental health and acute sector?
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.
Liberty Protection Safeguards
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.
Legal Update - Shared Insights
Shared Insights: the future of interaction between health and social care
This session discussed the future of interaction between NHS Trusts and local government amidst a drive for better integrated care.
Managing the Mental Health Act during the Covid-19 Pandemic
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.
Patients' rights during Covid-19
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.