Paul McGough

Paul is a Partner in our Healthcare Regulatory Team in Leeds. He specialises in the areas of mental capacity, consent to medical treatment, deprivation of liberty, the Mental Health Act 1983, health commissioning and health sector regulation.  

Paul regularly represents health and social care providers and commissioners in Court of Protection proceedings concerning the residence, care and medical treatment of incapacitated service users.  He advises mental health providers on the application of the Mental Health Act 1983, the interface with the Mental Capacity Act 2005 and challenges to First Tier Tribunal decisions.  He also has extensive experience of representing NHS bodies and healthcare professionals at inquests. 

Paul's reported cases include: W v M and others (2011) EWHC 2443 (proposed withdrawal of artificial nutrition and hydration from a patient in a minimally conscious state); The NHS Trusts –v- C [2016] EWCOP 17 (obstetric care for a patient detained under the Mental Health Act 1983); Re: IH (Observance of Muslim Practice) [2017] EWCOP 9 (whether an autistic man should observe certain Muslim customs and practices with regard to his personal care); and An NHS Trust –v- A, B and C [2018] EWHC 2750 (Fam) (palliative care for a severely disabled infant).

Paul also advises NHS and private sector health and social care organisations in relation to the conduct of clinical trials, regulation by the CQC and other regulatory matters under the Human Tissue Act 2004 and Human Medicines Regulations 2012.

Paul is a regular speaker at professional conferences and regularly delivers training to healthcare professionals on mental capacity and mental health.

Paul is a member of the Law Society's Mental Health and Disability Committee.