Jemma Gillson

Jemma specialises in mental health and capacity law and is experienced in appearing before the Mental Health Tribunal and in the Court of Protection. Advice work regularly focuses on the interface between the Mental Health Act and Mental Capacity Act, working to establish appropriate legal frameworks under which incapable or mentally disordered patients can receive treatment.

She has over 10 years’ experience advising clients in the health and social care sectors including NHS commissioners and providers, independent operators of health and social care, providers of primary care services and voluntary sector organisations.

Jemma also has broad regulatory expertise including representation at inquests (including where patients have died whilst detained in hospital or in prison) serious incident investigations, confidentiality issues and complex complaints.

Relevant experience includes advising:

• A large mental health Trust on the complex management of a detained patient at risk of honour based violence in multiple medico-legal contexts. This includes Mental Health Tribunals; hospital manager reviews; non-disclosure of information; capacity assessment; consideration of Court of Protection/Inherent Jurisdiction proceedings; safeguarding and complex case review. Jemma’s work ensured lawful management of the patient and support to clinical staff grappling with a challenging and high risk factual scenario.
• A large acute Trust on an urgent court application for a 13 year old Jehovah’s witness patient requiring receipt of blood products following a severe road traffic collision.
• A mental health and local acute Trust on the safe and lawful discharge of a patient with factitious disorder in circumstances where the options of remaining in hospital and returning to the community both carried life-threatening risks. She helped to enable the organisations to discharge a long-term patient with legally defensible and evidenced documentation around safe discharge planning.
• A large mental health Trust on inquest and widely reported judicial review proceedings in connection with a significant point of law relating to Article 2 of the Human Rights Act.

Jemma is recognised by Legal 500 as a ‘good team player’ and is regularly noted by clients for her ‘attention to detail’ and ‘ability to deliver practical and effective training and advice’ .