In May, Broadmoor Hospital adopted a Covid-19 Protocol whereby patients who wanted to have a virtual (video) meeting with their solicitor had to do so with a member of staff in the room (!!) 1/5 pic.twitter.com/igsklrgo5q

— Oliver Lewis (@DrOliverLewis) July 28, 2020

The staff member was tasked with documenting conversation between solicitor and client that touched on risk of harm to others or self, and had to report these conversations to management (!!) This bit of the protocol was particularly, umm, interesting 👇 2/5 pic.twitter.com/0UkpA2wJFI

— Oliver Lewis (@DrOliverLewis) July 28, 2020

I was instructed by Andrea Spyrou of Abbotstone Law to challenge the protocol. We sent a Letter Before Claim threatening a judicial review. It argued that the protocol was an unlawful interference with legal professional privilege under common law. 3/5

— Oliver Lewis (@DrOliverLewis) July 28, 2020

It further argued that the protocol breached the right to correspondence under Article 8 ECHR, and the right to access the Tribunal (as a patient is entitled to legal representation) under Article 5(4) ECHR. It also invoked Article 13 of the CRPD: access to justice. 4/5

— Oliver Lewis (@DrOliverLewis) July 28, 2020

Today, solicitors for the Trust told us that the Trust has amended the protocol. Now, a member of staff will remain "outside of the room and outside earshot of the virtual legal visit". Hooray! 5/5

— Oliver Lewis (@DrOliverLewis) July 28, 2020