Mental Health Law - Key Updates Live at Your Desk

Introduction

In this virtual classroom seminar, Elizabeth Cleaver, Barrister at Doughty Street Chambers, will consider the responsibilities of legal representatives when appointed to represent a patient before the Mental Health Tribunal. Recent case law has highlighted the sensitivities of the solicitor-client relationship in this scenario and has provided guidance on how best to deal with rule 11 appointments.

This live session will be a dynamic and practical session which is essential viewing for those representing patients detained under the MHA.

What You Will Learn

This live and interactive course will cover the following:

• Law Society Guidance on representation before mental health tribunals
• The role of legal appointed under rule 11(7)(a), where a client has capacity to instruct their representative, and under rule 11(7)(b), where a patient lacks capacity to litigate
• An exploration of the recent decision of the UTT in IN v St Andrew's Healthcare [2024] on the role of representatives appointed under rule 11(7)(a)
• A summary of the decision of the UTT in KH v Nottinghamshire Healthcare NHS Foundation Trust [2025] in relation to discharging rule 11(7)(b) appointments
• Practical guidance on frequent scenarios faced by legal representatives regarding rule 11 appointments
• Discussion of common scenarios

Recording of live sessions: Soon after the Learn Live session has taken place you will be able to go back and access the recording - should you wish to revisit the material discussed.