Masterclass: Mental Health Act - Section 63 MHA

Section 63 of the Mental Health act 1983 permits the provision of medical treatment for mental disorder to a Part 4 detained patient by or under the direction of the approved clinician in charge of the treatment. This is irrespective of whether or not the patient has capacity to refuse such treatment.

Case law has established that a range of treatments ancillary to the core mental disorder treatment can fall within Section 63, whilst the Section 145 MHA definition of medical treatment is also deliberately broad. Delegates will consider the scope and application of Section 63 MHA with a clinical vignette/workshop and a legal update.

This course is led by Gillian Bennett, Consultant Forensic Psychiatrist, Rampton Hospital, Nottinghamshire Healthcare NHS FT and Rebecca Fitzpatrick, Partner, Browne Jacobson. 

After attending this course delegates will be able to…

• Have a greater understanding of the scope / use of Section 63
• Better understand the role of the Court / recent case law
• Understand when a clinician should consider seeking legal advice

About your speakers

Gillian Bennett is a Consultant Forensic Psychiatrist at Rampton Hospital. She has been employed by Nottinghamshire Healthcare NHS Foundation Trust since 2010.  In this role she works within a multi-disciplinary team providing highly specialist assessment and treatment of patients with personality disorders.

She previously worked as a visiting psychiatrist at HMPs Lowdham Grange, Nottingham and Lincoln.  She also worked at HMP Foston Hall as a volunteer psychodynamic interpersonal therapist for the WORSHIP II (Women Offenders Self Harm Intervention Pilot II) study. She worked in Arnold Lodge (medium secure unit, male mental illness directorate and male personality disorder service) and at the Wells Road Centre (low secure women’s service).  She has also worked with forensic patients in the community in Nottinghamshire.  

Rebecca Fitzpatrick heads the national health advisory and inquests team at Browne Jacobson LLP. She’s recognised by Chambers and Partners as a pre-eminent lawyer in the areas of mental health and mental capacity law, with over 20 years of experience in the Court of Protection, the Mental Health Act, the High Court (complex treatment cases), the Administrative Court (judicial review, human rights and community care issues) and the Coroner's Court.  

She sits as a fee-paid First-Tier Tribunal judge (mental health) and also regularly lectures in the above areas of law to a range of professionals including at national conferences in the field. 

She advised the Department of Health in relation to their online training package on the Mental Capacity Act rolled out to over 1.5 million NHS staff, represented the acute Trust in the first MCA case heard by the Supreme Court (Aintree University Hospital Trust v J [2013]), and is well known for her expertise in the area of consent, capacity and best interests.

 She is regularly involved in high-profile, complex reported cases, such as the case of Devon Partnership NHS Trust v SSHSC [2021] and [2023] UKUT 195 (AAC) PQR v Derbyshire Healthcare NHS Foundation Trust concerning the legality of remote Mental Health Act assessments during the COVID 19 pandemic.

Suitability

This course offers 3 CPD points and is suitable for all Psychiatrists, Consultants and trainees Medical Students.