Pravin Fernando

Call 2009

Pravin Fernando | Call 2009

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Overview

Pravin has a burgeoning education practice. He is available to provide representation to local authorities, parents, schools, colleges, universities and charities on educational matters. He also has an interest in special educational needs and disability discrimination.

Public & Administrative

Pravin is particularly aware of the procedure regarding inpatient challenges to detention. He possesses a practical understanding of community and inpatient care having worked extensively in the NHS prior to coming to the Bar. Pravin also regularly provides advice and representation in matters concerning human rights from Article 2 inquests to Article 5 and 8 claims in the Court of Protection.

cases & work of note

Hyponatremia Inquiry (Northern Ireland) – representing a doctor who at the time of the deceased’s death was a specialist paediatric registrar at the Royal Belfast Hospital for Sick Children. The inquiry concerned the management of fluid balance and the choice and administration of intravenous fluids, involvement of organisations generally and communication with the families of the deceased children.

Francis Inquiry – representing the Department of Health in this inquiry concerning the causes of failings in care at Mid Staffordshire NHS Foundation Trust between 2005-2009. The recommendations of this well-known inquiry led the charge for greater openness, transparency and candour throughout the healthcare system (including a statutory duty of candour).

Local Authority v NC – an application by the council to displace an identical twin as nearest relative under section 29 MHA. The nearest relative opposed her sister being moved to section 3 MHA. Her view was contrary to all the psychiatric evidence.

Local Authority v NS – a very complex displacement application where the nearest relative was the wife of a detained man and sought his return home. However, there were potential welfare issues concerning the detained man’s care.

JA advise in respect this matter concerning the validity of a Transfer Direction made pursuant to section 47 of the Mental Health Act 1983 (MHA) where an individual had only ever been sectioned under section 2 and 3 MHA and then released from section.

AH – advice concerning appeal to the Upper Tribunal (Administrative Appeals Chambers) following failed appeal against section. Concerns were also raised regarding Article 8 ECHR issues.

Data Protection – force wide concern regarding the extent of subject access requests and scope of Data Protection Act 1998. Specific concerns regarding time/ cost consequences and third party confidentiality.

Civil Injunction advice concerning the possible use of civil injunctions for low level sexual activity and the appropriateness of doing this under the Anti-Social Behaviour, Crime and Policing Act 2014.

Communication in Misconduct Proceedings – advice and force wide guidance produced on The Police (Conduct) (Amendment) Regulations 2015 amending The Police (Conduct) Regulations 2012. The new regime provided for misconduct hearings to be held in public and the advice and guidance focused on the legal and practical implications of this.

Contractors Guidance – advice on the Independence Complaints Commission (Complaints & Misconduct) (Contractors) Regulations 2015 and how complaints/ misconduct matters would be dealt with by PSD and/ or HR.

PM – article 2 inquest into death following police contact in a hospital. The deceased was reported to be acting in an aggressive manner by hospital staff who called the police. The inquest over many weeks concerned communication between hospital and police, assessment of risks, use of force and restraint techniques.

NR – article 2 inquest into death of a young woman detained under section 2 of the Mental Health Act 1983. The inquest concerned the prescribing of psychotropic medications and their side effects, observations, access to community medical records, the use of bank and agency staff, handover and life support training.

AH – article 2 inquest concerning suicide in prison custody and the provision of mental health services, the use of camera cells, opening of an ACCT, level of observations, the adequacy of medical assessments.

AD – article 2 inquest into death in an Immigration Removal Centre concerning an 85-year-old man in a confused state arriving in London having boarded a flight from Vancouver, Canada. The inquest involved multiple agencies and issues concerned matters such as mental capacity, fitness to detain, transfer from custody to hospital, training regarding access to records and extradition.