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:
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:
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.
Our Court of Protection solicitors act for family members, advocates, the Official Solicitor, Deputies, Trustees, and charitable organisations.
We act in cases relating to all aspects of a person’s well-being, spanning all issues relating to mental capacity and best interests, and encompassing all matters relating to the health and welfare, property and financial affairs, and medical treatment of individuals.