Profile
Neil has particular interests in human rights, mental health and incapacity law, and has been involved in many of the leading cases in this field, including Cheshire West, N v ACCG, and Re X, as well as many reported cases in the lower courts which have shaped the law.
Neil provides specialist advice and representation, as well as expert legal training to frontline health and social care practitioners, which is complemented by his website, www.lpslaw.co.uk. He regularly publishes his views on the development of the Mental Capacity Act 2005 and the Mental Health Act 1983 in blogs, journals and books. He also teaches undergraduate and postgraduate university students as a senior lecturer at the University of Manchester and provides pro bono services through his Dementia Law Clinic.
Contact Us
Peter Campbell
Director of Clerking
Publications
Law Books
- Chapter 9 ‘The tests for incapacity’ and chapter 10 ‘Care and treatment of those lacking decision-making capacity’ in Jean McHale and Judith Laing (eds), Principles of Medical Law (4th ed.) (2017), Oxford University Press.
- ‘Psychiatric care and criminal prosecution’ in Medicine, Crime and Society (2013) Cambridge University Press.
- Brazier, M., Allen, N., ‘Criminalising medical malpractice’ in Charles Erin and Suzanne Ost (eds), The Criminal Justice System and Health Care (2007) Oxford University Press.
- ‘Medical or managerial manslaughter?’ in Charles Erin and Suzanne Ost (eds), The Criminal Justice System and Health Care (2007) Oxford University Press.
- ‘Necessity, Incapability and Emergency’ in Steven Hedley and Margaret Halliwell (eds), The Law of Restitution (2002) Butterworths Common Law Series.
Legal Journals
- Allen, N. et al, ‘Advance decisions to refuse treatment and suicidal behaviour in emergency care: ‘it’s very much a step into the unknown’ (2019) 5(4) British Journal of Psychiatry 1.
- Allen, N. et al, ‘The management of patients with an advance decision and suicidal behaviour: A systematic review‘ (2019) British Medical Journal (open access).
- Ruck-Keene, A., Bartlett, P., Allen, N., ‘Litigation friends or foes? Representation of P before the Court of Protection’ (2016) Medical Law Review 333-359.
- ‘The (not so?) great confinement’ (2015) 5(1) Elder Law Journal 45-51.
- ‘The Right to Life in a Suicidal State’ (2013) 36 International Journal of Law and Psychiatry 350-357.
- Allen, N. and Prescott, A., ‘The opacity of sexual capacity’ (2012) 2(4) Elder Law Journal 352-357.
- ‘Criminal Care: Ill treatment and wilful neglect’ (2012) 2 Elder Law Journal 71-75.
- ‘Dare to care’ (2011) 1(2) Elder Law Journal 167.
- ‘The Bournewood gap (as amended?)’ (2010) 18 Medical Law Review 78-85.
- ‘First do no harm. Second save life?’ (2010) Journal of Mental Health Law 180-185.
- David, T., Bray, S., Farrell, A.M., Allen, N., Ellson, S, ‘Fitness to practise procedures for undergraduate healthcare students’ (2009) 10 Education Law Journal 102-112.
- ‘Saving life and respecting death: A Savage dilemma’ (2009) 17 Medical Law Review 262.
- ‘Is capacity “in sight”?’ (2009) Journal of Mental Health Law 165-170.
- ‘Restricting movement or depriving liberty?’ (2009) Journal of Mental Health Law 19-32.
- ‘Protecting the suicidal patient’ (2008) Journal of Mental Health Law 93-100.
- ‘A human right to smoke?’ (2008) New Law Journal 886-887.
- ‘All in the mind?’ (2008) New Law Journal 848-849.
- ‘Re-detention after recent discharge: A role for judicial review?’ (2007) 15 Medical Law Review 253-261.
- ‘A call for order’ (2007) New Law Journal 241.
Publications
Law Books
- Chapter 9 ‘The tests for incapacity’ and chapter 10 ‘Care and treatment of those lacking decision-making capacity’ in Jean McHale and Judith Laing (eds), Principles of Medical Law (4th ed.) (2017), Oxford University Press.
- ‘Psychiatric care and criminal prosecution’ in Medicine, Crime and Society (2013) Cambridge University Press.
- Brazier, M., Allen, N., ‘Criminalising medical malpractice’ in Charles Erin and Suzanne Ost (eds), The Criminal Justice System and Health Care (2007) Oxford University Press.
- ‘Medical or managerial manslaughter?’ in Charles Erin and Suzanne Ost (eds), The Criminal Justice System and Health Care (2007) Oxford University Press.
- ‘Necessity, Incapability and Emergency’ in Steven Hedley and Margaret Halliwell (eds), The Law of Restitution (2002) Butterworths Common Law Series.
Legal Journals
- Allen, N. et al, ‘Advance decisions to refuse treatment and suicidal behaviour in emergency care: ‘it’s very much a step into the unknown’ (2019) 5(4) British Journal of Psychiatry 1.
- Allen, N. et al, ‘The management of patients with an advance decision and suicidal behaviour: A systematic review‘ (2019) British Medical Journal (open access).
- Ruck-Keene, A., Bartlett, P., Allen, N., ‘Litigation friends or foes? Representation of P before the Court of Protection’ (2016) Medical Law Review 333-359.
- ‘The (not so?) great confinement’ (2015) 5(1) Elder Law Journal 45-51.
- ‘The Right to Life in a Suicidal State’ (2013) 36 International Journal of Law and Psychiatry 350-357.
- Allen, N. and Prescott, A., ‘The opacity of sexual capacity’ (2012) 2(4) Elder Law Journal 352-357.
- ‘Criminal Care: Ill treatment and wilful neglect’ (2012) 2 Elder Law Journal 71-75.
- ‘Dare to care’ (2011) 1(2) Elder Law Journal 167.
- ‘The Bournewood gap (as amended?)’ (2010) 18 Medical Law Review 78-85.
- ‘First do no harm. Second save life?’ (2010) Journal of Mental Health Law 180-185.
- David, T., Bray, S., Farrell, A.M., Allen, N., Ellson, S, ‘Fitness to practise procedures for undergraduate healthcare students’ (2009) 10 Education Law Journal 102-112.
- ‘Saving life and respecting death: A Savage dilemma’ (2009) 17 Medical Law Review 262.
- ‘Is capacity “in sight”?’ (2009) Journal of Mental Health Law 165-170.
- ‘Restricting movement or depriving liberty?’ (2009) Journal of Mental Health Law 19-32.
- ‘Protecting the suicidal patient’ (2008) Journal of Mental Health Law 93-100.
- ‘A human right to smoke?’ (2008) New Law Journal 886-887.
- ‘All in the mind?’ (2008) New Law Journal 848-849.
- ‘Re-detention after recent discharge: A role for judicial review?’ (2007) 15 Medical Law Review 253-261.
- ‘A call for order’ (2007) New Law Journal 241.
Contact Us
Peter Campbell
Director of Clerking
Areas Of Expertise
Neil’s practice focuses on all welfare issues, ranging from residence, care, contact, sexual relations, and internet use through to related property and affair matters. Owing to the nature of his expertise – specialising in both legal practice and academia – he can bring particular experience to bear on cases involving novel points of law. He is instructed in cases involving the Mental Capacity Act 2005 by the Official Solicitor, local authorities, NHS bodies, individuals and the Public Guardian. His cases typically involve issues relating to:
- Whether P’s liberty is restricted or deprived for the purposes of Article 5 of the European Convention on Human Rights (ECHR)
- Whether liberty has been deprived in accordance with procedures prescribed by law
- The interface between the deprivation of liberty under the Mental Capacity Act 2005 and the Mental Health Act 1983
- Procedural and substantive protection afforded by Article 8 ECHR
- Capacity determinations, including issues of executive functioning
- Best interests determinations in relation to various matters including care, residence, and contact
- The validity of lasting powers of attorney
- The appointment of deputies.
Cases of Note
- Re AC and RC (Capacity: Hoarding: Best Interests) [2022] EWCOP 39 – The first reported case of its kind to consider capacity in the context of hoarding disorder.
- Secretary of State for Justice v A Local Authority & Ors [2021] EWCA Civ 1527 (3880) – The leading case concerning the legality of carers facilitating sexual services for P.
- Re AA (Court of Protection: Capacity To Consent To Sexual Practices) [2020] EWCOP 66 (3881) – This case concerned the approach of the Mental Capacity Act 2005 to a person engaged in autoerotic asphyxiation.
- Wakefield Metropolitan District Council & Anor v DN & Anor [2019] EWHC 2306 (Fam) (3882) – The limits of the inherent jurisdiction in cases involving the detention of those with capacity.
- Re A (Capacity: Social Media and Internet Use: Best Interests) [2019] EWCOP 2 (3883) – This case established the test for capacity to use the internet and social media (acted pro bono).
- N v A CCG [2017] UKSC 22 (3884) – Supreme Court decision regarding best interests and the jurisdiction of the Court of Protection.
- Re X [2014] EWCOP 25 and 37 (3885) – Guidance from the Upper Tribunal on the approach to be taken where a patient lacks capacity to challenge their detention under the Mental Health Act 1983.
- P v Cheshire West and Chester Council [2014] UKSC 19 (3886) – The meaning of “deprivation of liberty” for the purposes of Article 5 ECHR.
Neil has specialised in the Mental Health Act 1983 for over 15 years, appearing in the Upper Tribunal and delivering expert training to approved mental health professionals (AMHPs), approved clinicians and section 12 doctors. In 2018, he was an advisor on the Statutory Principles Group to the Independent Mental Health Act Review and, since 2012, has been an advisor to the Care Quality Commission’s Deprivation of Liberty Safeguards Advisory Group. Since 2021, he has been responsible for delivering approved clinician and section 12 re/approval courses across the whole of Wales for local health boards on behalf of the Welsh Minister. His cases typically involve issues including:
- Ordinary residence
- Section 117 after-care disputes
- The interface between the Mental Health and Capacity Acts
- Whether grounds exist to challenge tribunal decisions
- The legality of community treatment orders
- Social care assessments.
Cases of Note
- SM v Livewell Southwest CIC [2020] UKUT 191 (AAC) (3887) – Guidance from the Upper Tribunal on the approach to be taken where a patient lacks capacity to challenge their detention under the Mental Health Act 1983.
- GA v Betsi Cadwaladr University LHB [2013] UKUT 280 (AAC) (3888) – Consent and community treatment orders.
