She’s very responsive and experienced in the crossover between mental capacity and mental health law

Overview

Helen Curtis joined Garden Court North Chambers as a door tenant in 2019. Helen’s legal practice concentrates on areas where the liberty of the subject is at stake, particularly in areas of mental health and the Court of Protection. She appears before Tribunals, Parole Boards and courts through to the Court of Appeal.

Court of Protection

Helen is instructed by: the Official Solicitor; Relevant Person’s Representative (Paid); Litigation Friends from advocacy services; the local authority; or a family member, to represent a party in Court of Protection proceedings in matters of health and welfare or property and financial affairs. She appears in courts where a person’s lack of capacity is concerned. Her practice includes claims for unlawful detention, appeals and judicial review where appropriate.

Mediation

Helen is an accredited mediator and restorative justice facilitator whose mediation skills are incorporated into her legal practice. Her calm, compassionate manner makes her an engaging, effective mediator and advocate. This is particularly appreciated when dealing with vulnerable clients and sensitive issues which frequently arise in her practice. Further details can be found on the Garden Court Chambers Mediation website.

Mental Health Law

Helen’s mental health work covers patients detained under ss 2 and 3 as well as restricted patients, whether being transferred between hospital and prison or seeking discharge. Additionally, Helen represents patients or their Nearest Relative in proceedings where the displacement of the Nearest Relative is sought.

Notable Cases

Helen appeared on behalf of the patient AU who sought to resist the Trust’s review of the Hospital Manager’s discharge decision.

Helen appeared on behalf of PA in a case concerning Schedule 3 of the Mental Capacity Act 2005.

Helen appeared on behalf of the Appellant who challenged the High Court’s refusal of s.139(2) leave to bring civil proceedings. The Court of Appeal granted leave and considered what is practicable for an AMHP to comply with the s.11(4) duty to consult the patient’s Nearest Relative.

Professional Membership

  • Civil Mediation Council
  • JUSTICE
  • Restorative Justice Council

Publications

  • Family Mediation: For Better or Worse – co-author with Kate Aubrey-Johnson, LAG, April 2011
  • Making Mediation work for you – Kate Aubrey-Johnson with Helen Curtis, LAG, June 2012

Languages

  • French (basic)
  • Italian (basic)

 

 

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