Lindsay Gee

Lindsay specialises in mental health law, commissioning problems and care homes work.  She is a renowned expert in mental health law, advising our numerous mental health clients on all aspects of this field, and assisting successfully both with Tribunals and with Judicial Reviews.  She has written extensively on mental health issues, and regularly runs training sessions with clients; and has contributed to our Mental Health Certificate.

She regularly advises CCGs on a range of commissioning issues and disputes on care packages and individual funding problems.

Lindsay has become an expert also on the Mental Capacity Act, DoLS and Court of Protection proceedings.

She also works regularly with a range of independent healthcare providers and currently has several cases with the Court of Protection and Family Division in respect of care, treatment and accommodation issues, as well as judicial reviews in respect of patients’ detention.

Notable Cases

• L v West London Mental Health NHS Trust and (interested parties) Partnerships in Care and the Secretary of State for Health (2012), re common-law and Article 6 requirements for the lawful transfer of a patient from medium security to high security, where both the patient and the Trust have been granted permission to appeal
• Grogan v Bexley Care Trust and the Secretary of State for Health (2006), re a Health Authority’s eligibility criteria and the Trust’s decision on a patient’s entitlement to NHS-funded continuing care
• K v West London Mental Health Trust (2006), re funding bodies’ powers in respect of transfers proposed by patients’ consultants (in which the lawfulness of taking clinical debates and funding considerations into account was upheld)
• TTM v London Borough of Hackney,  East London NHS Foundation Trust and the Secretary of State for Health (2011), re liability for unlawful detention – in which the detaining Trust was not liable for damages because the error was the AMHP’s and the Trust had acted lawfully and reasonably (and its decision to obtain an outside medical recommendation was endorsed as consistent with s. 12 (2))

Qualifications

DPhil (Oxon), 1992

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