Joseph Beeney

He has also represented a diverse array of clients, and receives frequent instructions from Integrated Care Boards, Local Authorities and NHS Trusts.

Joe frequently acts in respect to Health and Welfare applications in the Court of Protection, including s21A applications, welfare disputes, and deprivation of liberty renewals. He has acted on complex matters in which service users are detained under sections 2 and/or 3 of the Mental Health Act and has advised on the complex interplay between the Mental Capacity Act and the Mental Health Act, particularly with respect to s17 leave and s117 aftercare obligations.

Joe also has experience in representing organisations at inquest, to support them through this process and implement the necessary learnings and improvements to mitigate the need for a prevention of future deaths report being made. Joe also typically conducts his own advocacy at such hearings as to reduce the cost to his clients and to ensure that the person with the most in-depth knowledge of the organisation is representing their interests at the hearing.

Joe also provides bespoke general health and care advice when required, and this has covered a vast array of matters, including controlled substance regulations, queries in respect to the applicability of advanced decisions and health and welfare powers of attorney, and the administration of fertility treatment for an individual lacking capacity.

In particular Joe has acted in relation to:

• Assisting in advising three public authorities in respect of their responsibility for commissioning mental health care services for an individual of no fixed abode, who had resided in three localities (Scottish and English) prior to being detained.
• Advising a public authority client with respect to a complex individual as to how to ensure an effective discharge from section 3 of the Mental Health Act, by utilising s17 leave and the relevant deprivation of liberty authorisation provisions under the Mental Capacity Act.
• Advising a large-scale housing provider, and preparing effective guidance policies, with respect to their obligations and risks in housing private tenants who lack capacity, and tenants with DNACPRs or other advanced medical decisions in place.
• Securing the return of an incapacitated resident to their residence, following kidnapping by their family, and working closely with the ICB to re-build trust and safeguards to allow the family to continue to be involved, in a positive fashion, with the resident’s care.
• Instructed to attend inquest to support an NHS organisation with respect to a death arising from rare and aggressive complications from the AstraZeneca COVID19 vaccine.
• Advising with respect to administering life saving blood transfusion to a minor in circumstances in which their parents were objecting to such administration.

Experience