Mental Health Tribunal Handbook 2ed Book Launch

The second edition of the Mental Health Tribunal Handbook, authored by Sarah Johnston, Sophy Miles, Elizabeth Cleaver, Dr Joan Rutherford and Dr Camilla Parker, will be published in December 2026.

The Mental Health Tribunal Handbook (2nd ed.) is a comprehensive guide to:

• Relevant provisions of the Mental Health Act 1983 (MHA) as amended by the Mental Health Act 2025

• The MHA's Code of Practice and its interaction with the Mental Capacity Act 2005, with particular reference to the Deprivation of Liberty Safeguards (DoLS)

• Tribunal Procedure Rules 2008

• Domestic and European case-law

There is also guidance on psychiatric concepts, expert witnesses and reports and advice on preparation, effective communication and skilled advocacy throughout the tribunal process.

The Mental Health Tribunal Handbook (2nd ed.) provides an accessible reference point for the experienced practitioner, whilst also aiding those who are new to this demanding, fascinating and rewarding area of practice.

Pre-order your print copies here.

Join a selection of the authors, Sarah Johnston, Sophy Miles and Elizabeth Cleaver, for the online launch of the new edition, prior to its release, to get an advance on what is covered within the Handbook. Hear directly from our expert authors on the key pressing issues and developments within the up-to-date edition.

The authors have many years’ experience both representing clients and sitting on the tribunal panel. They are uniquely placed to guide practitioners through the procedural steps of taking a case from initial instructions through to hearings and, where necessary, to appeals to the Upper Tribunal.

The online launch will be an opportunity to hear from a selection of the authors on the contents of the Mental Health Tribunal Handbook and to ask questions to our expert panel.

Attendees will also receive a discount on the upcoming book and will receive a recording of the online launch.

We look forward to seeing you there!

The Mental Health Act 1983 is an Act with exceptional reach. It is a mechanism by which the State can take control of those with mental disorders which place them, or others, at risk. Its use can save lives, but detention under the Act is also one of the most intrusive interventions in a person’s life.

Practitioners representing clients in the mental health tribunal need a thorough understanding of the legal and regulatory framework governing the care, treatment and detention of patients. But they also need to understand mental disorder, how to deal with psychiatric reports and, crucially, the importance of building a relationship of trust with the client in order to provide the best legal representation.

Sophy Miles, Doughty Street Chambers
Sophy practices in all aspects of mental health and disability law, with a focus on cases in the Court of Protection and inherent jurisdiction.

Her busy Court of Protection practice includes personal welfare, international adult protection, medical treatment and property cases, as well as challenges against deprivation of liberty authorisations.  She acts for vulnerable adults, children, their families, local authorities and NHS bodies.  She has appeared in inherent jurisdiction cases involving medical treatment, forced marriage and FGM.  

Sophy advises in all areas of mental health law. She acts in appeals to the Upper Tribunal, and displacement of nearest relative applications. Sophy advises on public law challenges to decision-making under the Care Act, particularly in cases concerning vulnerable prisoners as well as disputes on entitlement to aftercare. 

Sophy sits as a Fee-Paid Judge of the Mental Health Tribunal and is nominated to sit in the Court of Protection. Sophy is an accredited mediator, registered with the Civil Mediation Council and is an experienced trainer.

Sophy was called to the Bar in March 2015, and qualified as a solicitor in 1989. She was a founding partner at award-winning legal aid firm Miles and Partners LLP, where she led the mental health and capacity team for 16 years.

Elizabeth Cleaver, Doughty Street Chambers
Elizabeth is a leading healthcare lawyer with extensive experience of representing mental health patients and their families. Before transferring to the bar in 2024, Elizabeth was a solicitor and member of the Law Society’s Mental Health Accreditation scheme for eleven years.

Elizabeth has in-depth experience of representing those detained under the Mental Health Act at all levels of security. Elizabeth has acted for patients, families and local authorities in nearest relative displacement cases, and has advised on appeals to the Upper Tribunal Administrative Appeals Chamber. Elizabeth also has experience of unlawful detention claims and public law issues arising from mental health detention.

Elizabeth also has a varied practice before the Court of Protection with a particular focus on health and welfare cases. She is regularly instructed by the Official Solicitor, family members, local authorities and clinicians to advise on complex cases involving deprivation of liberty, residence, care, contact, deputyships and medical treatment. She has a particular interest in cases involving an overlap in legal framework between the Mental Health Act and the Mental Capacity Act.

Elizabeth began her legal career in Europe, where she completed placements at the European Ombudsman, Council of Europe, and European Court of Human Rights. She was awarded the Peter Duffy Human Rights award by Lincoln’s Inn in 2010.

Sarah Johnston, First-tier Tribunal (Mental Health) Judge
Sarah Johnston was called to the Bar in 1989 in New Zealand where she practised family and criminal law until 1993. She then worked for a women’s human rights NGO in Thailand until she came to the UK in 1997 where she worked as a mental health and public law solicitor and was awarded an LLM in Human Rights Law in 2001.

Sarah was head of the mental health department at Scott Moncrieff Harbour and Sinclair from 2003, representing patients in the tribunal and in judicial review proceedings, and while there led the Legal Services Commission's Specialist Support in mental health.

She was appointed as a salaried judge of the First-tier Tribunal (Mental Health) in 2009, Deputy Chamber President of Mental Health and now sits in the Upper Tribunal Administrative Appeals Chamber.