Michael Kennedy

Practice Areas

Michael is a barrister and a director at Switalskis Solicitors. His area of expertise is in mental health law and mental capacity law.

Michael has specialised in mental health and mental capacity law for 25 years. He has experience representing mentally disordered clients before: the First tier Tribunal – Mental Health; the County Court (s.29 'displacement' proceedings); the Crown Court; the parole board; the high court (inherent jurisdiction) as well as the Court of Protection. He has also appeared in the Coroner’s Court concerning the death of a young woman who was subject to the Mental Health Act.

Currently, his main area of work involves proceedings before the First Tier Tribunal - Mental Health concerning the detention of his clients under the Mental Health Act 1983 and proceedings before the Court of Protection in relation to clients' deprivation of liberty under the Mental Capacity Act 2005 and with regard to related health and welfare matters.

In addition to his casework, Michael has also regularly provided training to; Approved Mental Health Professionals; Best Interests Assessors; Psychiatrists and Advocates. Some of that training has been with Leeds Metropolitan University.

Michael has served on a number of industry panels and committees. He is an assessor for the Law Society in relation to its Accredited Legal Representation scheme.

Professional Memberships

Michael is a member of the Court of Protection Bar Association; COPPA and the Mental Health Lawyers Association (former Vice Chair).

Publications

Michael has written for a number of legal magazines and academic journals over the years on mental health law matters, including: The Journal of Criminal Behaviour and Mental Health; The International Review of Psychiatry; The Psychiatric Bulletin; The Legal Action Group Journal; the Prisons Handbook and the Private Client Adviser.

Recent co-authored articles have been published in the British Journal of Psychiatric Advances, published by Cambridge University Press.

Michael is currently a co-author of a book, Dementia & The Law, which is due to be published in 2023.