I have recently started working as a graduate paralegal in the Court of Protection team at Stephensons following the completion of my law degree.
Whilst doing my degree, I worked part time as a Mental Health Care Assistant, providing support to vulnerable adults in psychiatric hospitals.
In England, nearly 51,400 people were detained under the Mental Health Act in 2023. Between the years 2022 and 2023, the Care Quality Commission (CQC) received over 131,000 DoLS (Deprivation of Liberty Safeguards) requests, this was an 18% increase on the previous year. The NHS received over 300,700 applications for DoLS authorisations between 2022 and 2023.
In my previous role, I often worked with patients detained under the Mental Health Act 1989, who had also been deemed to lack mental capacity to make some decisions for themselves.
My typical day involved receiving the handover which comprised of basic information of the patients currently on the ward and their behaviours. After this would be settling into the long, 13-hour, shift I had ahead of me whilst assisting with breakfasts for the early risers. No day was the same, it could either be a settled day on the ward or a challenging day to incidents that would occur throughout the day. Part of my role would be to observe and document the behaviours and presentation of the patients that I supported.
My ‘on the ground’ knowledge of working with vulnerable adults gave me a good grounding and insight into some of the legal issues around the detention of vulnerable adults and the importance of compliance with the Mental Health Act 1989 and the Mental Capacity Act 2005. Moreover, I experienced first-hand the frustration and the impact of being detained on the patients that I supported.
I started to read some relevant case law, and noted cases such as Manchester University Hospital NHS Foundation Trust v JS and Manchester City City Council [2023] EWCOP12. This case summarised some of the restrictions on JS, a 17 year old who was detained in hospital, including: “Jane is not to leave the ward” and “physical restraint and oral sedative may be used”. JS would often engage in self-harming behaviours, such as swallowing screws and batteries. However, in this case there was no lawful authorisation for JS to be detained after the detention under s2 Mental Health Act had expired. The Trust therefore took the view that JS did not need to be in hospital. Upon JS’s return home on 27 February, she was shortly thereafter readmitted to hospital. The Judge determined that she was deprived of her liberty after the s2 detention had expired. The Judge went on to set out a lengthy analysis of the interplay between the Mental Health Act 1989 and Mental Capacity Act 2005, a complex area.
As a Court of Protection paralegal, I now support the solicitors in the team and our clients often have a range of conditions, including:
- Acquired brain injury, sometimes caused by an accident or substance abuse.
- Dementia including Alzheimer’s, Korsakoff and Lewy Body dementia.
- Learning disabilities and autism.
- A range of mental health conditions, including and not limited to schizophrenia, personality disorders and eating disorders.
My experience and the knowledge I gained in my previous role has given me a deeper understanding of our client base in the Court of Protection team and how to ensure good client care when communicating with and representing vulnerable adults.
As a paralegal, I frequently consider placement records, deprivation of liberty safeguards (DOLS) documentation and medical records, all of which I became familiar with whilst working in the psychiatric wards.
I am enjoying now helping vulnerable adults in a different way, providing legal advice to their family or a litigation friend, as opposed to the practical support I used to be providing on the ground.
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