NHS mental and community health trusts
The challenge faced by many mental health commissioners and providers is the tension between a desire to provide excellent treatment in a community or other appropriate setting and the lack of resources to deliver this.
Services continue to face unprecedented demand in the mental health sector including for more complex multi-faceted conditions presenting in a wider range of settings.
We’re also approaching a further period of change with the forthcoming proposed changes to the Mental Health Act and the new Liberty Protection Safeguards framework.
What we do
- A dedicated team of mental health specialists acting for a broad range of clients across the country, with unrivalled knowledge and expertise of the sector. We’re passionate about what we do and are known for being at the cutting edge of society’s biggest issues, supporting and influencing positive change.
- High-quality, pragmatic advice and a highly responsive national service. The team includes a mental health tribunal judge, two part-time coroners, a former paramedic, a former prosecutor and a former general counsel of a large mental health provider.
- We provide a full service offering to mental health commissioners, providers and the private sector including specialists with mental health expertise in areas such as corporate, commercial, public law, employment and property law.
- We have responsive and knowledgeable national leaders in the Mental Health Act, Mental Capacity Act and DOLS including, where necessary, applications to the Court of Protection.
- We have a nationally recognised inquest and inquiry team with vast experience in supporting you and your staff through stressful inquests.
- Employment experts - who have a long legacy in handling workforce transformation projects.
- Access to our 24 hour, 365 days a year emergency helpline - for urgent out of hours advice.
- Commercial and corporate lawyers - available to advise on the best vehicle for you to pitch for new work (or retain existing work) within the new commissioning landscape.
- Branding and intellectual property lawyers - with a healthcare service background who will navigate and realise any potential revenue making opportunity.
Our expertise
Featured experience
Court of Protection
Advised an NHS Trust in making an application to the Court of Protection for a declaration that it was lawful and in the best interests of a patient who lacked capacity to make decisions on medical treatment to be transferred to hospital in order to undergo a CT scan. We advised the Trust on all steps up to and including making an application to Court where authority was sought.
Estates matters
Advising on all estates matters and property issues for an NHS Trust arising from the proposed transfer of a mental health service from a Local Authority to the Trust. This has included reports on title and due diligence investigations into over 15 properties the Trust propose to occupy post transfer to deliver the relevant services.
Independent healthcare provider
Representing an independent healthcare provider in respect of an inquest concerning a service user detained under the Mental Health Act who had undergone an elective procedure on his nose. He subsequently deteriorated unexpectedly and was transferred to a local acute hospital. He unfortunately passed away, the cause of death being bronchopneumonia. We provided substantial support and advice to our client’s staff, several of whom were called to give evidence at the inquest. We advised as well on potential issues for our client, including a report to prevent future deaths (none forthcoming), which involved liaison with senior members of the charity.
Inquest into death
Representing an NHS Trust at an inquest into the death of a patient detained under the Mental Health Act. Whilst on day release granted by the trust, he absconded, took himself to the Humber Bridge from where he tragically fell to his death. Key issues were whether the treatment regime was appropriate, whether the temporary release of the patient was reasonable and whether the risk of self-harm was unforeseeable. The jury returned a verdict which made no criticism on any of these issues.
Key contacts
Rebecca Fitzpatrick
Partner
Mark Barnett
Partner
Heather Caddy
Partner
Testimonials
Respected team of specialist lawyers acting for NHS bodies, local authorities, commissioners and private sector providers of mental health services. Delivers a wide array of policy advice and has participated in many noteworthy cases involving the Mental Health Act and the Mental Capacity Act. Offers out-of-hours advice services to care providers on detention issues.
The Browne Jacobson team is very knowledgeable; they delegate wonderfully, are so pragmatic, say things in layman's terms and are always on the end of the phone.
Latest insights and events
Opinion
Increase to 20 hour limit on supplementary employment for Health and Care Worker visa holders
Legal Update
Supreme Court will hear Worcestershire case on local authority responsibility for Section 117 Aftercare in April 2023
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Cauda Equina Syndrome and application of the new GIRFT pathway
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Mental health, eating disorders and placement of young people
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LPS consultation and ‘go live’ planning
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Consultation launched on plans to amend NHS pension rules to bolster NHS workforce
Legal Update - Shared Insights
Shared Insights: Prolonged disorders of consciousness
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How AI and technology can transform the healthcare sector
On-Demand
Insights from the Chief Coroner by His Honour Judge Thomas Teague, KC
On-Demand
Leadership and lessons learnt during the Pandemic by Professor Jonathan Van-Tam
Legal Update - Shared Insights
Shared Insights: The Patient Safety Incident Response Framework
Opinion
NHS England – Updated Transaction Guidance
NHS England has published (October 2022) new guidance - Assuring and supporting complex change: Statutory transactions, including mergers and acquisitions.
Opinion
NHS England – Assuring and supporting complex change
NHS England has issued an updated (publication 11 October 2022) suite of Complex Change guidance about how it will assure and support proposals for complex change that are reportable to it. New and (where it is still in force) existing Complex Change guidance are as follows.
Guide
Highlights from the Health and Care Connect Conference
Legal Update
Integrated Care Boards and preventing NHS fraud – what you need to know and how to achieve it
On 7 July this year, NHS England published its statutory guidance for Integrated Care Boards (ICBs) and with it set out the ICBs’ role and responsibilities and how they should collaborate, interact and carry out their anti-fraud, bribery and corruption functions in concert with NHS England.
Legal Update
Liberty Protection Safeguards: points to note as consultation period continues
Deprivation of Liberty Safeguards was due to transition to Liberty Protection Safeguards in October 2020 but delayed due to the pandemic. While the public consultation has now closed and we’re still unclear of what the final legislation and code will look like, it’s worth noting and keeping a watching brief.
On-Demand
ICS Forum webinar series: What’s new for ICSs?
Presented by Gerard Hanratty, this on-demand webinar looks into the key new functions for Integrated Care Systems under the new Health & Care Act 2022. It provides a useful update on what is new, how it may be interpreted and what issues may arise.
On-Demand
LPS - it's out - what do you need to know? Part 3: the practicalities of implementation
This 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
Health & Care Matters newsletter - June 2022
Welcome to our latest health newsletter for Summer 2022. We have a packed edition which includes fascinating insights from clients and our own lawyers into the potential impact of the Health and Care Act 2022 and associated DHSC integration policy.
Opinion - Maternity services
The impact of COVID-19 on maternal deaths
HSIB published its report on Maternal deaths during the first wave of COVID-19. The report takes a closer look at the impact that COVID-19 had during the initial period of March to May 2020.
Legal Update
The Role of SIAMs in an ICS
As times have changed, organisations have fallen in and out of love with the role of the outsourced SIAM provider versus the organisation fulfilling that role. It is a complex role and even more so in Government organisations, some with vast IT systems processing gigantic amounts of data with complex governance structures and models.
Legal Update
Partnerships and collaborations
The Health and Care Act 2022 (HCA) received royal assent on 28 April 2022. Out goes much of the framework for a managed competitive market economy. In come new statutory bodies - a revamped NHS England and all-new NHS Integrated Care Boards (ICBs) to take over commissioning (from 1 July 2022) from CCGs and also (progressively) NHS England too.
Opinion
“MARSIPAN” Guidelines replaced with the Medical Emergencies in Eating Disorders Guidance
The Royal College of Psychiatrists has produced updated guidance to help frontline staff and clinicians identify and treat patients with eating disorders before the illness becomes a medical emergency.
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.On-Demand
LPS - it's out - what do you need to know?' Part 1: Regulations and Code of Practice
This 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
Diagnosis of Death in an Adult
We were very pleased to recently advise North West Anglia NHS Foundation Trust (‘NWAFT’) in High Court, Inherent Jurisdiction proceedings regarding an application for a declaration by the court that a patient of NWAFT had sadly died and therefore it was proper for life supporting measures to be ceased.
Opinion
LPS - it’s out
The long-awaited draft Mental Capacity Act Code of Practice, including the Liberty Protection Safeguards (“LPS”), has landed.
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
Health & Care Matters newsletter - February 2022
Welcome to our first health newsletter of 2022.
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.
Legal Update
NHS Foundation Trust Constitutions: five reasons why you should review your constitution
Based on our work with foundation trusts over the last 12 months we have identified 5 key situations in which a foundation trust may need to refresh its constitution
Legal Update
Themes in health and social care for 2022
2021 saw the combination of two challenges. The first was a general under-supply of workers in the health and care sector. The second involved greatly increased and often unpredictable levels of staff absence, through illness or ‘close contact’ isolation.
Legal Update
Building Blocks: health and care buildings in 2022
Expectations are understandably high whilst waiting for any Chancellor to announce their budget.
Legal Update
Deal activity and market update in health and social care sector
In the last nine months of 2021 we saw a huge amount of activity across all sub-sectors of health and social care.
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.
On-Demand
ICS Development
This one-hour webinar includes an overview of new legislation in a developing ICS, as well as the key features for developing integrated care partnerships, how local authorities can work collaboratively with health organisations, and how ICS structures can be developed to support key system priorities.
On-Demand
VCOD and healthcare workers – Getting ready to meet the requirement
We invite you to an on-demand webinar looking at the key legal and practical implications for healthcare employers arising from the NHS England VCOD Guidance and actions required in Phase 2 implementation stage.
Legal Update - Shared Insights
Shared Insights: Safeguarding Forum - Safe discharge and conveyance of patients
It is important to bear in mind the legal framework when planning discharge and conveyance plans but practicalities are also key.
Published Article
Care Quality Commission Strategy from 2021 – Ground for Optimism but Much Still to Learn
There is much still to learn about how the strategy will be implemented and those details will play a huge part in determining the final outcome. However, there are grounds for optimism.
On-Demand
Compulsory vaccinations for frontline healthcare workers: Getting ready to meet the requirement
An on-demand webinar for HR practitioners, looking at the legal and practical implications for NHS employers of the Government’s decision to mandate COVID-19 vaccination for frontline healthcare workers.