Rebecca Fitzpatrick
Partner
Manchester
rebecca.fitzpatrick@brownejacobson.com
+44 (0)330 045 2131
Becky heads our health advisory and inquests team. She’s recognised by Chambers and Partners as a pre-eminent lawyer in the areas of mental health and mental capacity law, with over 20 years of experience in the Court of Protection, the Mental Health Act, the High Court (complex treatment cases), the Administrative Court (judicial review, human rights and community care issues) and the Coroner's Court.
She sits as a fee-paid First-Tier Tribunal judge (mental health) and also regularly lectures in the above areas of law to a range of professionals including at national conferences in the field.
Becky advised the Department of Health in relation to their online training package on the Mental Capacity Act rolled out to over 1.5 million health and social staff, and is well known for her expertise in the area of consent, capacity and best interests.
Becky is regularly involved in high-profile, complex reported cases, such as the case of Devon Partnership NHS Trust v SSHSC [2021] EWHC 101 (Admin) concerning the legality of remote Mental Health Act assessments during the COVID 19 pandemic.
Expertise
Featured experience
End-of-life treatment of a child
Re Z (Medical Treatment: Invasive Ventilation) [2021] EWHC 2613 (Fam) (24 September 2021) which related to the end-of-life treatment of a child.
Deprivation of Liberty of a child
Wigan BC v Y (Refusal to Authorise Deprivation of Liberty) [2021] EWHC 1982 (Fam) (14 July 2021) concerning the deprivation of liberty of a 12-year-old child with mental health issues.
The legality of remote Mental Health Act assessments during the COVID 19 pandemic
Advising the mental health Trust in Devon Partnership NHS Trust v SSHSC [2021] EWHC 101 (Admin) concerning the legality of remote Mental Health Act assessments during the COVID 19 pandemic.
First case concerning the Mental Capacity Act to be heard by the Supreme Court
Advising the treating Trust in the first case concerning the Mental Capacity Act to be heard by the Supreme Court Aintree University Hospital Trust v J [2013] (withdrawal of medical treatment).
Testimonials
"Becky always has time to work with us as the client. I have found her to be extremely knowledgeable, professional and supportive."
"Rebecca Fitzpatrick is extremely knowledgeable and professional."
“She is absolutely fantastic - she's level-headed and sensible”.
"She knows the law inside out and is very knowledgeable, approachable and responsive."
You may be interested in...
Legal Update
Jurisdiction of the First-tier Mental Health Tribunal in the context of remote assessments under the Mental Health Act: recent developments
Legal Update
Section 117 after-care services – who should pay?
Legal Update
Inquests and Article 2 of the European Convention of Human Rights (ECHR) A practical guide following the case of Maguire
Legal Update
Learning from Reports to Prevent Future Deaths in Mental Health settings - A Review of PFDs nationally 2022-2023
Legal Update
Navigating the complexities of detention: insights from a recent Mental Health Act / Mental Capacity Act interface case
Legal Update
Restricting a patient’s use of their mobile phone – is it lawful?
Legal Update
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.
On-Demand
LPS - it's out - what do you need to know? Part 2: the most significant changes
This on-demand session considers some of the most significant changes to the Code.Press Release
Browne Jacobson lawyer and social mobility ambassador celebrates after winning Neurodiversity Community Choice Award
Lynette Wieland, a neurodivergent health and social care advisory and inquests lawyer at Browne Jacobson, and a social mobility ambassador for The Law Society has won the Community Choice Award at this year’s In Genius Celebrating Neurodiversity Awards.
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.
Legal Update - Shared Insights
Shared Insights: Mental Health in Maternity
Our speakers looked at the legal framework for maternal mental health issues, the obstetrician’s perspective & the psychiatrist’s perspective.
On-Demand
Mental Health and Court of Protection Legal Update webinar
Watch now on-demand our Mental Health and Court of Protection Legal Update webinar, there have been some interesting recent legal developments in this area and topics that were covered during the session.
Legal Update
What to expect at Court: Family Court and Care Proceedings
What to expect at Court: Family Court and Care Proceedings. Care Proceedings concern the welfare of a child. If a Local Authority believes that a child is at risk of significant harm, they can seek permission from the Court to take appropriate action to protect the child.
Legal Update
Potential criminal offence for care workers to assist people with mental disorders in securing the services of sex workers
In circumstances where it is subsequently proved that an individual does have such a mental disorder, there is a presumption that their carer either knew or could reasonably have been expected to know of the disorder, unless sufficient evidence is adduced to rebut that presumption.
Legal Update - Shared Insights
Shared Insights: Managing violent, abusive and racist patients
Rebecca Fitzpatrick, Helen Badger and Carl May-Smith, Partners at Browne Jacobson provided an overview of the legal frameworks in place that can assist Trusts when managing violent, abusive and racist patients
Legal Update - Shared Insights
Shared Insights: Quarterly safeguarding forum - challenging families and best interests
In this Shared Insights session, we discuss difficulties faced by professionals when dealing with challenging family members and highlighted the legal frameworks and mechanisms that can be implemented to manage these behaviours in order to protect staff and keep the patient’s best interests at the centre of decision making.
Training
Care Business Briefing - Future of Care Special
Catch up on our on-demand video where our Health specialists talked about the Future of Care with discussions about social care in an ICS world, the future of mental health and learning disability and retirement living.
Training
Mental Health Act and Legal Update
In this on-demand video, we covered The MHA white paper, The Mental Health (Hospital, Guardianship and Treatment) (England) (Amendment) Regulations 2020 and Devon Partnership NHS Trust v SSHSC [2021] EWHC 101 (Admin).
Legal Update - Shared Insights
Shared Insights: Managing complex patients
Training
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.
Training
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.
Training
Legal and practical implications of the Coronavirus Act 2020 for healthcare organisations
We recognise that COVID19 has presented a huge array of challenges to our healthcare clients. Therefore, we are hosting a webinar to address the legal and practical implications of the Coronavirus Act 2020 and the associated issues the pandemic has presented.
Legal Update
Reminder to NHS Trusts to make Court of Protection applications promptly
The recent case of East Lancashire Hospitals NHS Trust v PW [2019] EWCOP 673 is an important reminder to NHS Trusts that Court of Protection applications should be made promptly.