Simon's practice mainly concerns the human rights of people subject to the Mental Health Act or Mental Capacity Act. He now appears principally in the Court of Protection in cases involving welfare decisions, deprivation of liberty safeguards (DOLS), and medical treatment decisions. He is instructed on behalf of public authorities (local councils, PCTs, NHS Hospital Trusts), social care providers, members of families where a relative is the person concerned in the proceedings, as well as those who are said to lack capacity (usually on behalf of the Official Solicitor). He also advises on Advance Decisions and Lasting Powers of Attorney as well as neglect under s. 44 of the MCA. His practice covers property and affairs as well as care and treatment.
Simon also practices in the field of Mental Health. He appears before the First-tier Tribunal as well as the Upper Tribunal on Appeals and Judicial Review. Although he usually acts in cases concerning restricted patients he will also accept instructions in cases where the patient is not subject to restrictions. Recently, he has been involved in cases concerning the level of restrictions that can be placed on a restricted patient when conditionally discharged. He is regularly asked to advise on challenges to decisions of the First-Tier Tribunal, as well as the numerous issues that arise out of community treatment orders and the appropriateness of treatment. As a result of this experience, he is also asked to advise on issues arising out of the complex interface between the Mental Health Act and the Mental Capacity Act/DOLS, which can lead to serious complications even where there is no dispute between the parties as to the proper placement of a person in need of care or treatment. Applications under s.21A MCA are becoming a common feature of his work, as well as the use and abuse of community treatment orders and guardianship as a method of depriving patients of their liberty.
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0330 161 1234