Mental Health Law

Patients detained in hospital under the Mental Health Act 1983 have the right to appeal to the Mental Health Tribunal if they do not think that they should be sectioned.  The Tribunal is an independent body. It considers all the information placed before it and must discharge the patient if it is not satisfied that the legal criteria to keep them on a section are met.

Our expert team of mental health lawyers can help with the following:

• Advise and represent patients at Mental Health Tribunal hearings
• Advise and represent Nearest Relatives at Mental Health Tribunal Hearings
• Advise on Nearest Relative displacement proceedings
• Advise and assist patients at Hospital Managers’ Meetings
• Attend Care Programme Approach Meetings
• Advise on s117 aftercare and specialist treatment 
• Advise and assist on other matters relating to patients' treatment under the Mental Health Act

Mental Capacity Law

When a person (‘P’) is assessed as lacking capacity to make a decision for
themselves, the Mental Capacity Act 2005 provides a framework for decisions to be made in P’s best interests.  In the event that there are disagreements, or where P objects to the decision made, an application must be made to the Court of Protection so that the court can make the decisions which are in P’s best interests.

We are able to help with the following:

• Challenges to Deprivation of Liberty Safeguards authorisations (DoLS). Also known as section 21A Challenge. (DoLS ensures that people who cannot consent to their residence and care arrangements in a care home or hospital are protected if those arrangements deprive them of their liberty).   
• Health and welfare cases
• Property and financial affairs cases  
• Applications for and issues relating to Deputyship and Lasting Powers of Attorney.
• Medical cases including where life-sustaining treatment is to be withheld or withdrawn.

We are regularly instructed to represent people who are subject to a Deprivation of Liberty (DoLS) in care homes or other placements through the Official Solicitor or their Relevant Person's Representative / Advocate.

Our team can also help the families of those subject to a deprivation of liberty or Court of Protection Health and Welfare proceedings.

Legal aid is available for those subject to a Deprivation of Liberty Safeguards and family members may also qualify for legal aid but this will depend on their particular circumstances.

Contact us for further information as each case will depend on its specific circumstances.