EWJ Dec 2023 - Journal - Page 32
vulnerable, then they should obtain consent from the
client to seek an independent opinion from a medical
practitioner, psychologist or other relevant expert.
There is however currently no legal requirement for
a solicitor to obtain independent medical advice when
assessing their client’s capacity, or indeed for anyone
else to do so when a person is entering into a legal
document without assistance from a solicitor.
Dr Leon Francis
Consultant Adult Psychiatry
MBChB, MSc, MRCPsych, PGCert, DipOccMed(Manc)
Responsive and thorough assessments of individuals and supporting documentation.
Practice informed by ongoing clinical practice in areas of General Adult Psychiatry,
Psychiatric Intensive Care, Mental Health in Occupational Settings, Occupational
functional assessment in the context of mental health complaint. Ongoing practice in
NHS settings - maintaining breadth of knowledge and exposure to the full range of
psychiatric severity.
As we understand it, “Willie’s Law” proposes that a
medical professional would have to co-sign all legal
documents of a vulnerable person to show they have
legal capacity, regardless of whether or not a solicitor
was involved. This would be a seismic shift in the law.
Ultimately, it is a legal question as to whether or not a
person has capacity. The presumption of legal capacity can always be rebutted, with the onus of proof lying
with the objecting party. Whether a solicitor or medical professional has been involved or not, it is extremely common for disputes about capacity to arise
after the fact. We most commonly see this in relation
to testamentary documents, where a party attempts to
challenge the validity of a will after the death. Where
the presumption is challenged, it is for a court to decide if the person had capacity. However, there is no
express definition of capacity in Scots law, it is a common law principle which has developed over many
years, such that a wide variety of factors will be considered by the court in determining a person’s capacity, taking into account all of the relevant evidence,
including from any legal or medical professionals
involved.
Face-to-face and video assessments, including national travel.
Timely turnarounds of reports.
Evidence-based application of psychopathology to presentations.
Evidence-based consideration of aetiology, cause of illness / disorder, symptoms,
resulting functional impact, treatment and prognosis.
Coverage of biological, psychological and social considerations to presentations.
Clinical Experience in:
• Conception and delivery of CBT based workplace resilience training.
• Assessment of cognitive decline
• Assessment of disorder related to drugs and alcohol
• Assessment and treatment of psychotic disorder
• Assessment and treatment of depression
• Assessment and treatment of bipolar affective disorder
• Assessment and treatment of other mood disorders, and the impact of pain on mental
health.
• Assessment and treatment of anxiety disorders, including Post Traumatic Stress Disorder
and Obsessive Compulsive disorder
• Assessment of behavioural disorders
• Assessment and management of personality disorders
• Assessment and Treatment of Adult Attention Deficit Hyperactivity Disorder
• Occupational mental health and workplace function assessments.
Experienced in providing reports for occupational health, family courts, Crown Court,
Employment Tribunals, and Magistrate Court. Experienced in giving evidence in court.
Contact: Janet, tel: 0161 818 7133, mobile: 07894 661040
Email: lfrancis@quopsych.com - altwernative Email: janet@quopsych.com,
Web:www.quopsych.co.uk
As such, even with “Willie’s Law”, disputes would
likely still commonly arise, particularly where the
medical professional did not know the person well.
Dr Prakash Raviraj
Consultant Forensic Psychiatrist
We regularly advise clients in relation to questions of
capacity, including seeking to challenge legal documents that have allegedly been entered into when the
signatory had no capacity. For further information on
POA, see our recent article here and please get in
touch with Thomas McFarlane or Stephanie Hepburn
if you require any advice or assistance.
MBBS, FRCPsych, LLM, CCT (Forensic)
Dr Raviraj is an independent Consultant Forensic Psychiatrist based in Manchester. He is a
practicing clinician with inpatient responsibilities. He has authored reports to the Crown,
Magistrates and Family Courts.
He has clinical experience of working in high, medium, low secure and community forensic
psychiatric services. He has extensive experience of working in various prisons across
the North of England. He is a member of the first tier mental health review tribunals and
appointed by CQC as a second opinion appointed doctor (SOAD).
He was the medical Director at Cygnet Wyke until April 2021. He worked previously as a full
time consultant at the Spinney in Atherton and as a NHS consultant at the Edenfield Centre.
He was awarded LLM in Mental Health Law from Northumbria University in May 2010;
his dissertation was: ‘Murder by mentally ill - A review of the Defences of Insanity and
Authors
Stephanie Hepburn
Thomas McFarlane
www.shepwedd.com
Diminished Responsibility’.
Dr Raviraj speaks Hindi, Urdu, Kannada, Telugu, Tamil languages.
He will endeavour to submit his report within three weeks of receipt of all paperwork and can
provide reports much earlier if all the information is provided with the initial request.
He will be available to visit clients at solicitor’s offices and conducts assessments remotely to
provide reports in time.
He has prepared reports in following areas:
Assessment of mental capacity
Mental health review tribunals
Criminal matters:
If you require an expert
fast let us do the searching
for you call the
Expert Witness free
telephone searchline
on 0161 834 0017
Diminished responsibility and homicide cases
Psychiatric assessments for fitness to plead and fitness to stand trial
Assessment for learning disability in the context of offending
Assessment for Attention Deficit Hyperactivity Disorder (ADHD)
Sexual offences and suitability for Sex Offending Treatment Programme
Autism and Asperger’s Syndrome
Pre-sentence psychiatric reports
Dangerousness
Intoxication and criminal responsibility
Arson
Violence risk assessments
Self harm/Suicide risk assessments
Addictions psychiatry
Immigration and asylum seeker mental health issues
Parole board reports
Care proceedings:
Parenting capacity, risk assessments to determine placement
Mental health issues- Psychosis, Substance misuse, Personality Disorder, Schizophrenia,
PTSD, Affective disorders and other psychiatric conditions
Contact: Mrs Reshma Prakash - Tel: 0161 928 7587
Email: prpsychiatry@gmail.com - Alternate Email: p.raviraj@nhs.net
Expert Psychiatry Reports, 16b Station Road, Cheadle Hulme, Cheshire, SK8 5AE
EXPERT WITNESS JOURNAL
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DECEMBER 2023