Peterkin (Peter) Ofori studied the BPTC (now known as the Bar Practice Course or BPC) at our Birmingham campus. Since then, he’s combined his experience and education in law and mental health to become director and expert mental capacity assessor and trainer with Mental Capacity Consult Ltd. We caught up with Peter to discuss the relationship between the law and mental health and how he thinks mental health law will change in the future.
By Cara Fielder. Published 09 October 2024.
I am a registered mental health professional and have also been called to the bar at Lincoln’s Inn as a barrister. Currently, I am an expert mental capacity and best interest assessor. I provide expert opinions on mental capacity to the courts, using a combination of my mental health experience and legal training, and I provide mental capacity assessment training to professionals and consultancy services to corporate bodies such as financial institutions, local authorities and mental health providers. At weekends, I provide talking therapy and legal advice to victims of domestic abuse on a pro bono basis through charities.
On a typical day, I have a team meeting to discuss referrals, enquiries and outcomes of assessments conducted the previous day, I read through referrals and documentations of upcoming assessments and, where I need to speak to family members of referrers to seek more information, I will make the necessary calls. Most of my mental capacity assessments are done online but there are some assessments that require a face-to-face meeting.
I was initially inspired to go into mental health because I wanted to have a direct, positive impact on people’s lives. Witnessing the work of mental health professionals instilled a desire to provide that same care and support. The stability, along with the opportunity for growth and specialisation appealed to me. The complexity and challenge of understanding and treating the human mind also appealed.
Mental health is a field that is constantly evolving with new technologies, treatments and research. I enjoy continuous learning and challenges and I also get to build deep, meaningful relationships with patients and their families. For me, the opportunity to connect with people during critical moments in their lives is incredibly rewarding.
On the broader scale, I am motivated by the opportunity to address global health challenges, improve mental health systems and work in underserved communities.
Over the past decade, the connection between mental health and the law has evolved significantly. I have noticed improved public perception of mental health with greater awareness and acceptance. This change has influenced the legal system, leading to more compassionate and informed approaches to mental health-related cases.
In the criminal justice system, the courts are using psychiatrists to assess offenders more, moving their focus to rehabilitation rather than simply incarcerating individuals with mental health issues.
In the workplace, there has been a greater emphasis on employer responsibilities to accommodate employees with mental health conditions. This includes providing reasonable adjustments, such as flexible working hours or the ability to work from home.
Days like World Mental Health Day are extremely important for several reasons. It gives mental health global attention, bringing it to the forefront of public discourse. It helps raise awareness about the prevalence of mental health conditions and the need for greater understanding and support. It also provides educational opportunities, helping people learn about the signs and symptoms of mental health issues, the importance of seeking help and available resources.
This raised awareness helps to reduce stigma associated with mental illness, which can prevent people from seeking help. It encourages open discussion, helping to break down the barriers of silence and shame.
The day also promotes mental health advocacy and policy reforms where government and organisations are encouraged and challenged to commit to improvements. It gives opportunities for mental health advocates to push for changes that improve mental health services and protections.
Working in mental health has brought many surprises, but one of the most striking has been the complexity and variability of mental health cases and how they intertwine with the legal system. I was surprised by the wide range of issues that fall under mental health law, from involuntary commitment, childcare proceedings and guardianship to discrimination, privacy rights and access to care.
Another surprising aspect has been how stigma surrounding mental health can still influence legal proceedings. Despite increased awareness and changing attitudes, I have seen instances where bias and misconceptions about mental illness affect decisions in courtrooms, workplaces and even among professionals in the legal and mental health fields.
It was surprising to see firsthand the gaps and inconsistencies in mental health services, particularly how these disparities affect legal outcomes. Many individuals end up in the legal system due to a lack of adequate mental health care, highlighting systemic issues that go beyond legal solutions and point to broader societal challenges.
These surprises have deepened my understanding of mental health law and reinforced the importance of this field in ensuring justice and support for individuals with mental health conditions. The work is challenging, but it is also deeply rewarding and crucial in addressing some of society’s most pressing issues
The future of mental health law is likely to evolve significantly as society continues to recognise the importance of mental health and as new challenges and opportunities arise. I foresee the expansion of mental health rights to give broader legal protection for individuals with mental health conditions. This could include stronger anti-discrimination laws, better enforcement of mental health parity in insurance and enhanced workplace accommodations. I also anticipate legal recognition of emerging mental health issues, such as those related to digital addiction, trauma from climate change or the mental health impacts of social media.
I foresee the increase of telehealth and digital mental health platforms will lead to improved regulation to ensure patient safety, privacy and quality of care. Laws will need to adapt to address issues such as licensing, data security and the ethical use of AI in mental health care.
I also anticipate a greater focus on preventative mental health measures, including early intervention programs and community-based services. This could involve new laws that incentivise or mandate mental health screenings in schools, workplaces and primary care settings.
If you're considering a career in mental health law, you're entering a field that is both challenging and deeply rewarding. During your legal education, focus on courses that cover health law, mental health law, civil rights and disability law. Understanding the legal principles and regulations that govern mental health is crucial. You should also consider studying psychology and psychiatry to gain an understanding in these areas.
You should gain practical experience through internships or clerkships in law firms, government agencies or non-profits that focus on mental health law. You can also do some volunteer work with organisations that advocate for mental health rights or provide legal services to those with mental health conditions.
Above all, cultivate empathy and compassion to understand client needs. Clients in mental health law cases often face significant emotional and psychological challenges. Empathy and compassion, balanced with objectivity, is essential for providing effective and ethical legal representation.
You must also be aware of the ethical dimensions and challenges that come with mental health law, such as confidentiality, consent and involuntary treatment. Ensure you have a strong grasp of the ethical considerations in this field and are prepared to navigate them with care.
Lastly, you must be prepared for the emotional challenges and recognise your own limits. Working in mental health law can be emotionally taxing, as you often deal with clients in distressing situations. It’s important to recognise this and develop strategies for managing your own mental health and wellbeing. Do not hesitate to reach out for support when you need it.
Remember, every little win changes someone’s life.
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