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Kirsty Stuart

Associate Solicitor. Kirsty advises on a range of Court of Protection health and welfare issues relating to the Mental Capacity Act 2005. She represents Relevant Person's Representatives, family members, and is regularly instructed by the Official Solicitor. Kirsty is also qualified as an Accredited Legal Representative, so can act on behalf of those who have been deemed to lack capacity to conduct court proceedings. This is a possible alternative to a Litigation Friend. She has a special interest in urgent medical treatment cases, and cases which involve a crossover of medicine and law. Kirsty also help people challenge unfair public body decisions through judicial review. Prior to working in public law and human rights she specialised in mental health law and continues to advise detained patients, family members and hospitals. Kirsty is Irwin Mitchell’s point of contact for in-house mental health law advice. Kirsty also advices on community care law, covering cuts to care packages, the duties of the local authority and other public bodies under the Care Act and support for carers. More recently, she has developed a focus on assisting and supporting individuals in Assessment and Treatment Units (ATUs) and regularly assists those in these units to move into the community with a suitable care package which can meet their assessed needs. · Irwin Mitchell

EnglandCourt of Protection, Mental Health

About

Kirsty Stuart is an Associate Solicitor at Irwin Mitchell who advises on Court of Protection health and welfare matters under the Mental Capacity Act 2005 and acts for Relevant Person's Representatives, family members and the Official Solicitor. She is an Accredited Legal Representative with a focus on urgent medical treatment cases, mental health matters (including detained patients and ATUs), community care disputes under the Care Act, and judicial review of public body decisions.

Practice areas

Court of ProtectionMental HealthPublic LawHuman RightsCommunity CareHealthcare

Office

Expertise

Court of Protection health and welfare (Mental Capacity Act 2005)Accredited Legal Representative acting for those lacking capacityUrgent medical treatment and medicine-law crossoversMental health law for detained patients and hospitalsAssessment and Treatment Units (ATUs) and community reintegrationCommunity care disputes and Care Act duties/support for carersJudicial review of public body decisionsPoint of contact for in-house mental health law advice