JONATHAN BUTLER
Call 1992 Gray’s Inn
jbutler@deanscourt.co.uk
Appointments
Tribunal Judge, First Tier Tribunal (HESC) Mental Health 2001Recorder 2009
Publications
Community Care Law and Local Authority Handbook (Jordans, March 2008)
Mental Health Tribunals: Law, Practice and Procedure (Jordans, March 2009).
Areas of Practice
His practice is confined mainly to care proceedings (both for local authorities, guardians and family members). His specialism within this area tends to reflect his practice described above (eg those cases involving issues of capacity, mental health matters, disabled adults or children, and community care obligations of local authorities). He has also acted on behalf of family members and local authorities in judicial review proceedings (eg financial provision within special guardianship applications or breach of statutory obligations to children/family members). He also regularly acts in serious non-accidental injury cases.
Community Care & Mental Health Law; Court of Protection; Judicial Review
His practice includes (1) social and community care law; (2) mental health law; (3) Court of Protection; (4) Family law. He has written two textbooks in respect of the first three areas, and is also a regular speaker and trainer on these subjects, both at a local and national level. He represents and advises on all aspects of community care law (eg assessment of community care needs of adults, assessment of community care needs of children and older adolescents (particularly those with mental health problems), provision of accommodation, finance and charging, and the respective roles of health and social care providers). He sits as a Tribunal Judge on the specialist Children and Adolescent Mental Health Services Panel (children detained under the MHA 1983), and has trained both full and part time Tribunal Judges in this area of law as well as having written a formal guidance note for Responsible Authorities. He is also instructed by local authorities and health trusts to represent them at inquests, where either a child or a vulnerable adult has died.
Reported Cases
C v Blackburn with Darwen Borough Council & Ord [2011] EWHC 3321 (COP)
Re (R) (a child)(Care Proceedings: Causation) [2011] EWHC 1715 (Fam).
Re GK (Patient: Habeas Corpus) [1999] MHLR 128(Mental Health/Administrative Law)
Re M,T,P, K & B (Care:Change of Name) [2002] 2 FLR 645(Family Law)
R v Ashworth Hospital & Ors ex parte H; R v (1) Mental Health Review Tribunal for West Midlands and North West Region (2) London Borough of Hammersmith and Fulham (3) Ealing, Hammersmith and Hounslow Health Authority ex parte Ashworth Hospital [2002] EWCA Civ 923(Mental Health/Administrative Law)
In Re (1) O (2) N (Children)(Non-Accidental Injury) [2003] UKHL 18; [2003] 2 WLR 1075(Family Law)
A Local Authority v Z & The Official Solicitor [2004] EWHC 2817 (Fam) [2005] 1 WLR 959(Mental Health/Local Government Law)
Z County Council v TS & Ors [2008] EWHC 1773 (Fam)(Family Law/Media Law) R (on the application of Michael Woods) v Rochdale MBC [2009] EWHC 323 (Admin)(Administrative/Local Government Law)
Recent Articles
S.117 MHA 1983 re-visited:the liability of the State and the existence of a duty of care (Journal of Mental Health Law – forthcoming 2010)
The Child as Vulnerable Patient (Review FLJ August 2009 Vol 39 425)
Children & Mental Health Services – Bridging the Gaps (Weightmans Bulletin July 2009)
Mental Health Law for Family Lawyers: an overview (Family Law Journal, May 2009 Vol 39 425)
Community Care Law and Family Law: an introduction (Family Law Journal, April 2008 Vol 38 343)
Recent Talks/Presentations/Training
June 2008 Community Care Law & Local Authorities (to consortium of Northern Local Authorities)
December 2008 Deprivation of Liberty Safeguards (to consortium of Northern Local Authorities)
March 2009 Deprivation of Liberty Safeguards (to Local Authority)
November 2009 Court of Protection/Capacity (Open Forum, Vernon Street Civil and Family Justice Centre, Liverpool)
March 2010 Introduction to Judicial Review (Private Law Solicitors, Liverpool)
May 2010 Transitional Provisions/CAMHS (Tribunal Service)
October 2010 Mental Health Law & Practice (Butterworths, London) (Keynote speaker Baroness Hale of Richmond)
December 2010 Training on Court of Protection (Local Authority SSD)
April 2011 Mental Health Law (UK Association of Women Judges in Leeds)
November 2011. The Older Child, Mental Health Law, Care Planning and Transition Services (with Gwynneth Knowles QC to the National Family Law Bar Association conference at Chester) The conference was chaired by the Honourable Mr Justice Peter Jackson.'