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Bridget Dolan

CALLED TO THE BAR 1997

Junior Counsel


Mental Health Profile

Background

 

2010: Assistant Deputy Coroner for West Sussex

2008: Tribunal Judge  (part-time):  First Tier Tribunal (Health Education and Social Chamber)
2007: Mental Health Review Tribunal, President  (part-time)
2000: Published – “The Mental Health Act Explained”  HMSO, London
1997; Pupillage,  3 Serjeants’ Inn
1997: Honorary Senior Lecturer, St George’s Medical School, London.
1996: Common Professional Examination in Law (Commendation)
1995-97: Chartered Forensic Psychologist
1994: Published: “Why women ? Gender issues in eating disorders”, Athlone Press, London
1993:  Published “Psychopathic and Anti-social Personality Disorders” Gaskell, London
1989: Chartered Psychologist
1988 - 1997: Lecturer in Forensic Psychology, St George’s Medical School.
1988:  Ph.D., Psychology.  (Bulimia Nervosa)
1984 - 1987: Research Psychologist, Eating Disorders Clinic, St George's Medical School.
1984: B.Sc. (Hons) First Class, Psychology, University of Bradford.


Email: bdolan@3serjeantsinn.com



General Information

 


Directory Comments

 
 

Bridget is recommended in clinical negligence by leading legal directory Chambers & Partners 2010.

 

With her background as a forensic clinical psychologist and "her down-to-earth approach to complex issues," solicitors believe that Bridget Dolan "performs beyond her call." "She is a pleasure to work with and a good choice for particularly sensitive cases."  Chambers & Partners 2010

 

'Market sources respect the “bright and thorough” Bridget Dolan for her advocacy skills and background in psychology.' Chambers & Partners 2009

 

'...rising star Bridget Dolan... enjoys the confidence of the market due to the fact that she is “good at picking up a complicated issue and understanding it immediately.”' Chambers & Partners 2008



Nature of Practice

 

Mental health 

Unsurprisingly given her previous professional background Bridget specialises in all areas of mental health law. She sits as a part-time Tribunal Judge in the Mental Health Review Tribunal and she frequently acts in all types of mental health related cases for both claimants and defendants. In December 2008 she represented the NHS Trust in the first mental health appeal to be heard in the Upper Tier Tribunal.

 

Bridget has acted in judicial review cases and civil claims for false imprisonment arising from detention under the Mental Health Act including challenges to the use of s.135 and s.136 of the Act and also where detention has continued after the expiry of statutory time limits. Many of her cases have involved claims under Art 5 and Art 8 of the European Convention of Human Rights.

 

She has written extensively on mental health law in academic journals and in 2000 co-authored a book on the Mental Health Act 1983 (with Debra Powell). The Royal College of Psychiatrists engage Bridget to provide their approved clinician training.

 

Medical ethics and treatment decisions 

A large proportion of Bridget’s professional life is spent in the Court of Protection and the High Court’s Family Division in cases involving issues of capacity and best interests. Her practice covers all types of disputes regarding both medical treatment and the wider social welfare of incapacitated adults and children. She is regularly instructed by the Official Solicitor.

 

Bridget appeared in the first PVS case to be heard under the Mental Capacity Act (MCA), and has recently obtained a declaration in the Court of Protection that the Article 8 rights of a patient’s relative were infringed by the manner in which a social services department dealt with a contact dispute under MCA.

 

She has a particular interest in the use of the MCA Deprivation of Liberty Safeguards (DOLS) and in 2009 appeared in the first reported case to consider the interaction of the MCA and MHA in this respect where her analysis of the law was described as “a model of succinct lucidity” by Wood J.   She has written a number of academic papers addressing capacity issues and she regularly lectures on MCA, including delivering the Royal College of Psychiatrists accredited training for DOLS assessors

 

Inquiries and inquests  

Bridget is one of the editors of the Inquest Law Reports and she specialises in inquest law. She has acted for countless families, NHS Trusts and other statutory bodies at inquests around the country. She has represented interested persons in a large number of lengthy inquests held under Art 2 ECHR  investigating deaths in police or prison custody and deaths of detained patients in psychiatric hospitals.    Bridget was counsel to the panel of inquiry into the care and treatment of Michael Stone following his convictions for the murder of Lin and Megan Russell. She is currently retained as counsel to an NHS Trust in another high profile inquiry following a homicide by a psychiatric patient.

 

Clinical negligence 

As might be expected at 3 Serjeants’ Inn, Bridget acts in clinical negligence claims, representing both claimants and defendants.  Her clinical negligence practice covers all aspects of health care: from catastrophic birth injuries to end of life palliative care. She has a particular interest in cases with a mental health angle and has acted in countless cases involving nervous shock claims, claims for damages for psychiatric injuries and claims by third parties who are injured by psychiatric patients. She was junior counsel in the Court of Appeal case involving a claim for the costs of rearing a healthy child following the alleged failure to prevent the pregnancy of a psychiatric patient.

 

Pro Bono Work 

Bridget accepts pro bono medical and mental health work (including representing families at inquests) via the Bar Pro-Bono Unit and mental health charities.



Specialist Information

 


Reported and other cases of Interest

 

Dowler v HM Coroner for North London  [2009] EWHC 3300 (Admin).  Successfully representing applicant where coroner's inquest was quashed and order made for a new inquest before a different coroner after a number of breaches of the Coroners Rules 1984 had occurred.

GJ v The Foundation Trust & Ors [2009] EWHC 2972 (Fam). Successfully representing an NHS Trust in a case concerning an in-patient’s liability to be detained under MHA which explored the interaction between the MCA and the MHA.

W PCT v TB [2009] EWHC 1737 (Fam) Representing an NHS Trust in a case concerning eligibility criteria for deprivation of liberty under MCA and the interpretation of the MHA.

Dorset  Healthcare MHS Trust v MH [2009] UKUT 4 (AAC), [2009] MHLR   Representing the NHS Trust in an appeal against a MHRT decision relating to the disclosure of documents. Considering the issue of the Upper Tribunal’s jurisdiction and  the procedure to be adopted for disclosing confidential records in MHRTs.

A Local Authority v MM and others [2009] 23.10.09 Court of Protection, Representing an incapable patient’s partner in a welfare dispute and achieving a declaration under s.8 Human Rights Act 1998 that his Art 8 rights had been breached by the Local Authority's disproportionate delay to addressing the matter and consequently denying him contact with his incapable partner.

A Local Authority v T & T [2008] Court of Protection,  Representing a learning disabled adult in a dispute over his residence and welfare linked to the determination of his paternity.

NHS Trust W & Home B v R [2008]; NHS Trust v AO [2009] Court of Protection Both cases concerned the proportionality of using extreme restraint in order to provide medical treatment to an incapable patient who was physically resisting life saving interventions.

Mrs and Mr H v Frimley Park Hospital NHS Trust (2008)   LTLPI 1/5/2009 Representing parents securing damages for psychiatric injuries (as a primary and a secondary victim) following the stillbirth of their baby. 

Newcastle City Council v F [2007] (Family Division) Representing a capable but physically vulnerable adult in a case concerning the exercise of the High Court’s inherent jurisdiction in order to uphold the capable wishes of a vulnerable person.

The NHS Trust v Ms T [2005] 1 All ER 387   Representing the Trust in a case concerning the power of the court to make an interim declaration that the healthcare professionals could administer an emergency life-saving blood transfusion where an advanced directive refusing treatment had purportedly been made.

C NHS Trust v Mrs B [2005] EWHC Fam  Whether food and hydration could be withdrawn from a patient who had been maintained in a persistent vegetative state for over 26 years.

Smith v Hampshire and Borders NHS Trust [2004] EWHC 2101 (QB) Court’s exercise of discretion to extend time limits under s.32 and s.33 Limitation Act 1980.

N v The MHRT [2002] MHLR 70; [2002] EWHC (Admin) Whether a Mental Health Review Tribunal decision was lawful in light of evidence that the risk the patient posed could not be quantified; whether the reasons were adequate.

AD v East Kent Community NHS Trust [2002] LLRM 424-433 (QBD); [2002] EWCA Civ 1872  Whether damages were recoverable for costs of upbringing of a healthy child conceived when the mother was an incapable psychiatric in-patient.



Clients

 


Publications

 

Bridget has written 3 books and over fifty academic articles: A selection of her publications include:

Law and the Mentally Disordered Offender: an Overview of Structures and Statutes [2009] Chapter in Forensic Mental Health Concepts Systems and Practice: Bartlett and McGauley Oxford University Press (co-authored with Martin Wrench)The Mental Health Act 1983 explained (2001) Dolan B & Powell D,  Stationery Office, London (Second Edition)

Review of Treatments for Severe Personality Disorder (2003) Home Office, London (co-author of report commissioned by the Home Office/ Dept Health) http://www.dspdprogramme.gov.uk/media/pdfs/Review_of_Treatments.pdf

An introduction to the law relevant to Mentally Disordered Offenders (2004) Criminal Behaviour and Mental Health, S12-18, Wiley, London.

Disclosing confidential clinical information (2004)  Psychiatric Bulletin, 28, 53-56,  Gaskell, London

Restraint and Deprivation of Liberty (2009)  Chapter in: Medical Treatment Decisions and the Law, Bloomsbury, London

Editor Inquest Law Reports (2000-present)

Legal Editor  Journal of Forensic Psychiatry (1999- 2008)

Contributing Editor   Lloyds Law Reports Medical (1999- 2005)



Lectures and Seminars

 

Patient Confidentiality and Carer Involvement in Treatment (2009) Bridget gave this talk at the Biennial International Meeting of the European Council on Eating Disorders in September.

Approved Clinician Training (2009)   Bridget has delivered approved clinician training on behalf of the Royal College of Psychiatrists in Nottingham and Bristol in 2009

MCA Deprivation of Liberty: Mental Health Assessor Training (2009)   Bridget has delivered the Royal College of Psychiatrists accredited training package to psychiatrists in Sussex on behalf of the local PCT.

Section 12 MHA Psychiatrists’ Training (2009)   Bridget regularly provides training on the Southern Region s.12 approval course teaching psychiatrists about the Human Rights Act 1998 and MCA.

A Guide to the FTT and New MHRT Rules  (2009) Bridget provided this seminar to clinicians at Rampton Special Hospital, Nottingham in March 2009

Capacity, Consent, Keypads and Coercion October 2008 Bridget gave this talk on the impact of the MCA at Mills & Reeve Solicitors  in Cambridge

CPD Seminars  Bridget is available to give seminars and presentations on all aspects of medical law, mental health law and coronial law at solicitors` offices or to patients and service users groups.



Related Professional Activities

 

Hon. Senior Lecturer in Forensic Psychology  St George’s Medical School, London (1997- present)
Association of Women Barristers  Committee Member (1997 - 2000)
British Association of Mental Health and Law  Treasurer (1998-2000)
European Council on Eating Disorders  Steering Group Co-ordinator (1989-1997)



Other Information