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Neil Allen

Neil is a barrister at Thirty Nine Essex Street Chambers and teaches undergraduates and post-graduates at the University of Manchester. He specialises in mental health, incapacity and human rights law. In addition to his Court of Protection practice, his published academic commentary on the Mental Health Act 1983, Mental Capacity Act 2005, and DoLS is featured in legal books and journals. He regularly delivers training for a variety of audiences including health and local authorities, s.12 doctors, GPs, AMHPs, the Royal College of Psychiatrists, and law firms. He is Clinical Lead for Manchester University’s Legal Advice Centre, and is also a Trustee for the mental health charity Making Space.Neil’s PublicationsNeil has written the following chapters:‘Psychiatric care and criminal prosecution’ in Medicine, Crime and Society (2013) Cambridge University Press.‘Criminalising medical malpractice’ in Charles Erin and Suzanne Ost (eds), The Criminal Justice System and Health Care (2007) Oxford University Press.‘Medical or managerial manslaughter?’ in Charles Erin and Suzanne Ost (eds), The Criminal Justice System and Health Care (2007) Oxford University Press.‘Necessity, Incapability and Emergency’ in Steven Hedley and Margaret Halliwell (eds), The Law of Restitution (2002) Butterworths Common Law Series.​Journal articles‘The Right to Life in a Suicidal State’ (2013) 36 International Journal of Law and Psychiatry 350–357‘The opacity of sexual capacity’ (2012) 2(4) Elder Law Journal 352-357, co-author‘Criminal Care: Ill treatment and wilful neglect’ (2012) 2 Elder Law Journal 71-75.‘Dare to care’ (2011) 1(2) Elder Law Journal 167-173.‘The Bournewood gap (as amended?)’ (2010) 18 Medical Law Review 78-85.‘First do no harm. Second save life?’ (2010) Journal of Mental Health Law 180-185.
‘Fitness to practise procedures for undergraduate healthcare students’ (2009) 10 Education Law Journal 102-112, co-author‘Saving life and respecting death: A Savage dilemma’ (2009) 17 Medical Law Review 262.‘Is capacity “in sight”?’ (2009) Journal of Mental Health Law 165-170.‘Restricting movement or depriving liberty?’ (2009) Journal of Mental Health Law 19-32.‘Protecting the suicidal patient’ (2008) Journal of Mental Health Law 93-100.‘A human right to smoke?’ (2008) New Law Journal 886-887.‘All in the mind?’ (2008) New Law Journal 848-849.‘Re-detention after recent discharge: A role for judicial review?’ (2007) 15 Medical Law Review 253-261.‘A call for order’ (2007) New Law Journal 241.‘Good faith or no faith?’ (2004) New Law Journal 1170.‘Dunnachie – the door closes.’ (2004) New Law Journal 1208.‘Family values’ (2001) 10 Family Law Journal 18.‘No need to know?’ (2001) 8 Family Law Journal 13.