Mental Health Law

Mental Health Solicitors will be able to advise on some or all of the following:-

• Acting in Court of Protection proceedings on behalf of minors/adults about medical treatment, and disputes over residence and/or contact.

• Representing patients at first and second tier tribunal hearings within the Health and Social Care Chamber.

• Advising patients and families in respect of the Mental Capacity Act Deprivation of Liberty Safeguards (DOLS) and representing in proceedings arising.

• Advising and preparing Advance Directives (also referred to as ‘living wills’).

• Advising and Assisting families of those who have died in psychiatric care

• Acting for patients, their families and professionals, in inquiries concerning failings in care

• Advising on the lawfulness of the closure of residential homes and day centres.

• Acting for patients and Nearest Relatives in displacement proceedings.

• Accessing information for relatives/carers from health and social services files of people lacking capacity.

• Acting for clients in prison wishing to be transferred to hospital.

The Mental Health Act 2007

The Mental Health Act allows people with a ‘mental disorder’ to be detained (held, usually in a hospital); and given treatment without their permission. The term mental disorder includes mental illness, which covers conditions such as schizophrenia and depression; and ‘any other disorder or disability of the mind’. However, you can be detained under the Mental Health Act only if other conditions are met.

Mental Capacity Act 2005

The Mental Capacity Act provides a statutory framework for people who lack capacity and for decisions to be made on their behalf or for those that have capacity and want to make preparations for when they lack capacity in the future. We provide advice and assistance to individuals, especially the elderly, that may require the intervention of the Court of Protection in their mental capacity issues.