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Mental Health Lawyers

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The treatment and detention of mental health patients is rising up the media agenda, with more and more scrutiny on the behaviour of organisations involved with potential for reputational damage and financial risk. Could you benefit from our advice?

How we can advise you

From the legalities of compulsory detention to the adequacy of record keeping, we can work with you and keep you up-to-date on a wide-range of mental health issues including:

  • the interpretation and application of the Mental Health Act (MHA) 1983
  • the lawfulness of detention, consent to treatment and funding issues 
  • representation and advice at the Mental Health Review Tribunal
  • defence of claims for false imprisonment 
  • judicial review/habeas corpus cases 
  • the powers of the Mental Health Review Tribunal
  • the conduct of managers’ hearings

As well as specific legal advice for particular situations, we can also help you create and embed policies and instil best practice across your organisation, for example by:

  • drafting policies on the restraint of patients, searches and discharge
  • advising on health service policies, including assistance with drafting policies and procedures 
  • giving lectures and seminars on specialist topics including changes to mental health legislation and the Mental Capacity Act 2005
  • training staff in an offender healthcare setting about relevant mental health legislation
  • How our team will work with you

    Our mental health specialist lawyers will provide a practical solution to any challenge and always aim to avoid unnecessary costs and publicity. Where court proceedings are appropriate, we have a high rate of success.

  • Our clients

    We work closely with:

    • NHS organisations
    • independent health providers
    • public sector organisations
    • offender institutions
    • social care organisations
  • Our experience

    We are used to dealing with difficult, sensitive and evolving issues, for example:

    • dealing with the first reported Court of Protection deprivation of liberty safeguards case and subsequent cases focussing on the interface between the Mental Health Act and the safeguards
    • obtaining a Court of Protection declaration to allow a trust to perform a caesarean section against the wishes of a detained patient, who lacked capacity to understand the risks of refusing treatment
    • devising and presenting bespoke sessions to MHA administrators, for example relating to changes to consent to treatment requirements in hospital and supervised community treatment
  • Legal training

    We offer Mental Health Act and Mental Capacity Act training that can be adapted for your particular training needs. Training packages we offer include:

    • A-Z of mental health law
    • Staff wide mental health law training package
    • Mental Capacity Act 2005 training
    • Deprivation of Liberty Safeguards
    • Mental health refresher training for AMHPs

    If you would like more information on our bespoke training, please contact Louise Wilson.

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