Bridget Dolan |
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CALLED TO THE BAR 1997 |
Junior Counsel
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Public & Administrative Profile
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Background
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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
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General Information |
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Directory Comments
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Bridget is recommended by the leading legal directory Chambers & Partners:
"Bridget Dolan is recognised as a leading junior in Court of Protection work and "an expert on deprivation of liberty, who wins laurels for her "determined and spirited advocacy" and her "sound, clear advice." A qualified forensic clinical psychologist, she has an innate understanding of the medical and ethical considerations of health and welfare work". Chambers and Partner 2012
'Bridget Dolan is known as an authoritative and capable advocate whose word "carries a lot of weight with the court." Her clinical negligence work arises from her wider mental health law practice.'.... Chambers and Partners 2011
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
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Nature of Practice
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Mental health Having been a forensic and academic psychologist for 13 years before her call to the Bar it is unsurprising that Bridget’s practice has a strong focus on matters involving psychological issues and that she specialises in all areas of mental health law. She sits as a part-time Tribunal Judge in the First Tier Mental Health Tribunal and she frequently acts in all types of mental health related cases for both claimants and defendants. She represented the NHS Trust in the first mental health appeal to be heard in the Upper Tier Tribunal and has also successfully represented patients on appeal to the UTT. Bridget has advised and represented parties in several 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 the Human Rights Act - for example she recently represented a detained patient in a successful judicial review case where damages were paid to him by a Social Services authority who had wrongly revealed confidential information about him to his neighbour in breach of his Art 8 rights. She has written extensively on mental health law in academic journals and in 2001 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 the social welfare of incapacitated adults and children and medical treatment issues. She is regularly instructed by the Official Solicitor, families of patients, NHS bodies, local authorities and private care providers. Bridget has a particular interest in cases involving deprivation of liberty having appeared in two of the headline Court of Protection cases concerning the interplay between the MCA and the MHA. Her legal analysis of the MCA/DOLS provisions was described as ‘a model of succinct lucidity’ by Wood J in W PCT v TB. In 2010 Bridget was appointed as Advocate to the Court in LS, a Court of Protection case addressing the civil test for capacity to consent to sexual relations.
A human rights thread runs through much of Bridget’s work. She recently obtained a declaration in the Court of Protection that the manner in which a social services department had dealt with the issues of the capacity of and contact with his incapable partner had breached her client’s Art. 8 rights (A Local Authority v MM).
Bridget 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 specialises in inquest law. She sits as an Assistant Deputy Coroner and is one of the editors of the Inquest Law Reports. She has acted for countless families, NHS Trusts and other statutory bodies at inquests around the country and recently brought a successful JR against a Coroner overturning his inquest verdict on grounds of insufficient inquiry. 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 also represents parties in inquiries: she 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 and has acted as counsel to an NHS Trust in another long running and high profile inquiry following a homicide by a psychiatric patient. Pro Bono Work Bridget accepts pro bono mental health, social welfare, inquest and medical cases (including providing representation for families at inquests) via the Bar Pro-Bono Unit and mental health charities. She also accepts public access work in the Court of Protection and Coroners Court.
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Specialist
Information
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Reported and other
cases of Interest
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Court of Protection / Inherent Jurisdiction
Re M [2011] EWHC (CoP) Representing the PCT in a landmark case held in open court concerning an application to withdraw artificial nutrition and hydration from a clinically stable patient in a minimally conscious state. A County Council v MB and others [2011] 1 FLR 790 Successfully representing MB (through the Official Solicitor) obtaining a declaration of a breach of her Art 5 rights in a case concerning the urgent authorisation procedure under schedule A1 MCA. Re MM [2011] 1 FLR 712 successfully representing an incapable patient’s partner in a welfare and contact dispute. Achieved a declaration under HRA that his Art 8 rights had been breached by the manner in which the Local Authority had handled the issue of contact.
A PCT and an NHS Trust v CW [2010] EWHC 3448 (CoP) Representing the mother of a man in PVS in an application for the withdrawal of artificial nutrition and hydration. D County Council v LS [2010] Med LR 499 Appointed as Advocate to the Court in this case concerning the appropriate test of capacity to have sexual relations under MCA. AN NHS Trust v D [2010] EWHC 2535 (CoP) Acted for D through the Official Solicitor in this case heard in open court concerning serious medical treatment requiring the significant use of force in which issues of press notification and press injunctions arose. GJ v The Foundation Trust & Ors (2010) 1 FLR 1251; (2010) Med LR 167. 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 DOLS provisions and the MHA. W PCT v TB (2010) 2 All ER 331; (2010) 1 FLR 682. Representing an NHS Trust in a case concerning the eligibility criteria for deprivation of liberty under MCA and the interpretation of the MHA. 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.
Mental Health
DP v South Tynside District Council [2011] EWHC (Admin). Representing a detained patient in a habeus corpus application concerning the practicability of consultation with a nearest relative before s.3 MHA detention. DL v SLAM & SoS for Justice [2010] UTT 455 (AAC). Representing a restricted patient and successfully challenging the inadequate reasoning of the FTT when deciding, against the clinical team's advice, to refuse an absolute discharge.
Dorset Healthcare NHS Trust v MH [2009] UKUT 4 (AAC), [2010] 11 BMLR 1Representing the NHS Trust in the first Upper Tier Tribunal mental health case: an appeal against a MHRT decision relating to the disclosure of documents. Considering the issue of the UTT’s jurisdiction and the procedure to be adopted for disclosing confidential records in MHRTs. N v The MHRT [2002] MHLR 70. Representing the patient challenging the adequacy of a Mental Health Review Tribunal’s reasons in the light of evidence that the risk the patient posed could not be quantified. AD v East Kent Community NHS Trust [2002] LLRM 424 (QBD); [2002] EWCA Civ 1872 Successfully representing Trust in the Court of Appeal on the issue of whether damages were recoverable for costs of upbringing of a healthy child conceived when the mother was an incapable psychiatric in-patient.
Coronial Law
Dowler v HM Coroner for North London [2009] EWHC 3300 (Admin) Successfully representing the applicant where a 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.
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Clients
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Publications
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Bridget has written 3 books and over fifty academic articles: A selection of her publications include:
Restraint and Deprivation of Liberty (2009) Chapter in: Medical Treatment Decisions and the Law, Bloomsbury, London
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)
An introduction to the law relevant to Mentally Disordered Offenders (2004) Criminal Behaviour and Mental Health, S12-18, Wiley, London.
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
The Mental Health Act 1983 explained (2001) Dolan B & Powell D, Stationery Office, London (Second Edition)
Disclosing confidential clinical information (2004) Psychiatric Bulletin, 28, 53-56, Gaskell, London
Editor Inquest Law Reports (2000-present)
Legal Editor Journal of Forensic Psychiatry (1999- 2008)
Contributing Editor Lloyds Law Reports Medical (1999- 2005)
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Lectures and
Seminars
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MCA Deprivation of Liberty: Mental Health Assessor Training (2011) Bridget is regularly engaged by the Royal College of Psychiatrists to deliver their one day accredited training package to psychiatrists. Section 12 MHA Psychiatrists’ Training (2011) Bridget regularly provides training on the Southern Region s.12 approval course - teaching psychiatrists about the Human Rights Act 1998, MHA and MCA. MHA s.17 leave and transfer of patients between institutions (2010) Bridget was asked to deliver this seminar to clinicians at Rampton Special Hospital, Nottingham in November 2010 AvMA inquest group: Regional Meeting Manchester Bridget provided training for Claimant solicitors on practical aspects of representing families at inquests. Approved Clinician Training: Bridget delivered the approved clinician training on behalf of the Royal College of Psychiatrists in 2009. 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.
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.
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Related
Professional Activities
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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)
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Other Information
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