David Birch

David is an Associate in the Capsticks' Public Law and Healthcare Advisory team.  David advises on a wide range of issues including, CQC regulation, serious untoward incidents, mental capacity, consent, confidentiality, data protection, freedom of information and treatment under the Mental Health Act 1983.

David frequently represents healthcare organisations and their staff at inquests and he has provided advice and support to professionals appearing before a variety of courts and tribunals. He also has significant experience in relation to the conduct of independent inquiries and high profile inquests and criminal investigations.

David has significant experience of advising in relation to the application of the Mental Capacity Act.  He has supported acute hospitals, mental health trusts and clinical commissioning groups in connection with proceedings in the Court of Protection and the High Court.  Recent examples include a ‘looked after child’ (with challenging behaviours and psychosis) where the Court was considering the appropriate placement and care package; a young adult, with Asperger’s syndrome, who had been the subject of a Local Authority application to remove her from the family home; and the withdrawal of treatment for a patient in ICU.

David has a wide range of experience dealing with the regulation of healthcare, including providing advice in relation to: the Care Quality Commission - assisting NHS Trusts in relation to their preparation for CQC inspections, reviewing the factual accuracy of inspection reports and ratings awarded by CQC; and the regulation of primary care professionals – he has frequently advised in relation to the provisions of the NHS (Performers Lists) Regulations and this has included, presenting cases, sitting as the legal adviser to decision making panels, appearing before the First-tier Tribunal and delivering training to both investigators and decision makers. 

David is also able to draw upon his experience gained whilst working on secondment at NHS Trusts.

David regularly delivers presentations for NHS Trusts. Recent topics include the Duty of Candour, the Mental Capacity Act, Deprivation of Liberty, Good record keeping, and Investigations and Inquires.

Notable Projects

• Support to an acute general hospital in connection with an investigation into patient deaths and ultimately the conviction of a member of nursing staff for the murder of two patients and the poisoning of 20 others.
• Advice to an NHS Trust regarding the discovery of a body in the mortuary, which it was thought had been buried 11 years earlier.
• Assisting a private hospital in connection with the death of a restricted patient during physical restraint.
• Support to NHS Trusts in relation to their investigations undertaken in connection with Operation Yewtree.
• Assisting a mental health trust where a service user had killed his ex-partner and child before taking his own life, resulting in a five week inquest.
• Assisting counsel to an independent inquiry - considering the care provided in a hospital at night, particularly in relation to the prescription and administration of opiate drugs by a Night Nurse Practitioner, which it was alleged led to the deaths of a number of patients.

Qualifications

BSc (Hons), University of Leeds, 2000

Graduate Diploma in Law, Leeds Beckett University, 2007

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