Disentangling Mental Capacity and the First-tier Mental Health Tribunal


November 4, 2021 | By Michael Kennedy |

November 4, 2021 | By Michael Kennedy |

An article I co-authored for Cambridge University Press and the Royal College of Psychiatrists was published this week. It was entitled ‘Disentangling capacity and the First-tier Tribunal: bringing case law into clinical practice’ and can be found on their website. My co-authors were Zumer Arif Jawaid (a consultant in old age psychiatry from St Mary’s Hospital, Leeds) and Nick Brindle (retired consultant psychiatrist and author of numerous medico-legal texts such as The Clinician’s Guide to The Mental Health Act).

The learning objectives of the article were for readers to be able to:

  • Understand how to approach applications to the tribunal for patients detained in hospital
  • Differentiate between capacity to bring and capacity to conduct proceedings
  • Decide when to consider use of section 67 of the Mental Health Act

As always, I found it very rewarding to contribute to a piece of work that showcases some of the latest thinking in the area of Mental Health and Capacity Law, working alongside some highly-experienced specialists.

If you need advice on any aspects of Mental Health or Mental Capacity Law, call us on 0800 138 0458 or contact us through the website.

Michael Kennedy

Michael is a Barrister within our Court of Protection & Mental Health Law team and is also a Director of Switalskis. He is based at our Wakefield office but helps clients nationally and is recognised as a leading specialist in his field. He regularly lectures and trains a variety of legal professionals. Michael's profile

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