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Rachel Caswell , Duncan Lewis , Mental Health Solicitor , Dalston

Rachel Caswell

Director & Solicitor

Profile / Experience

Awards Recommendation for Rachel Caswell
Legal 500

Rachel Caswell is a Recommended Lawyer in the 2019 edition of The Legal 500.

Legal 500 2019 Edition.
Court of Protection / London

Rachel Caswell is a Key Member of the Department's multi disciplinary team

Legal 500 2017 Edition.
Court Protection / London
I am a Director in the Mental Health and Mental Capacity Departments at Duncan Lewis. I supervise a team of solicitors, trainees and caseworkers all dedicated to representing the most vulnerable in society. I am a Recommended Individual in the 2019 edition of The Legal 500 for my Court of Protection work.

I am a Legal Aid Agency Supervisor and an accredited Mental Health Panel Member which ensures that clients and their representatives can easily recognize and trust my abilities as a legal practitioner with proven competency in mental health law. I am also a member of the MHLA (Mental Health Lawyers Association)which means I have demonstrated excellent capabilities in this area of law and by being a member I can remain up-to-date on all aspects of Mental Health law.

Mental Health
I offer advice and assistance in regards to all aspects of the Mental Health Act 1983 (as amended by the 2007 Act) including challenging the lawfulness of detention and the appropriateness of treatment, commissioning independent psychiatric and social circumstances reports, and challenging the decisions of Mental Health Tribunals and Primary Care Trusts by way of judicial review.

I regularly undertake advocacy at First-tier Mental Health Tribunal hearings and attend Managers' Hearings as well as Section 117 aftercare meetings, representing clients in order to restore their liberty. I also provide assistance and representation at Care Programme Approach Meetings relating to the appropriateness of treatment, care pathways and aftercare discharge planning.

I am committed to every one of my clients and travel across the country to advocate on their behalf, endeavouring to undertake representation from beginning to the end of the case. In cases where my clients are deemed to lack capacity I am appointed to act in their best interests and have extensive experience of representing clients subject to civil sections, including section 2 and 3 as well as forensic sections of the Mental Health Act. In addition to assisting clients on an individual basis I also advice relatives on their roles and rights in various mental health proceedings.

Mental Capacity
I have significant experience in all matters involving mental capacity law. This includes representing clients in any disputes regarding mental capacity arising in the Court of Protection. I also have experience in preparing Lasting Powers of Attorney (LPA) and dealing with any disputes that arise regarding LPA.

I regularly assist clients who no longer have the mental capacity required to make important decisions regarding their finances, health or welfare, and have extensive experience in Deprivations of Liberty Safeguards procedures and Declarations of Best Interest. Additionally, I assist patients, family members and carers who are in dispute with statutory authorities, ensuring that all involved are represented in often sensitive cases.

Education

  • Postgraduate Diploma in Legal Practice- LPC
  • Law with French BA Hons - Newcastle upon Tyne University

Career

  • Director at Duncan Lewis Sept 2015-present
  • Burke Niazi Solicitors 2004-2015
  • Admitted as a Solicitor 2008

Membership & Accreditations

  • MHLA (Mental Health Lawyers Association)
  • Mental Health Panel Accreditation

Interests

  • Spending time with my family and children
  • Travelling
  • Learning new languages
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