Mental health and capacity solicitors
Our mental health and capacity solicitors have a national reputation as experts in the fields of mental health and mental capacity law, acting for commissioners, NHS and private sector providers, and local authorities across the country.
Who choose our mental health and capacity solicitors
Our mental health and capacity solicitors have specialist secure mental health offender care expertise, advising several medium and high security institutions and regularly conduct advocacy in complex jury prison inquests. We have significant experience of working with issues relating to children from CAMHS units, and patients with eating disorders.
Our work includes operation of the Mental Health Act, Mental Capacity Act and wider issues regarding consent, confidentiality, admission, detention or deprivation of liberty and treatment. We regularly advise on the validity of detention papers and MHA policy and provide representation at tribunals and inquests, as well as dealing with applications to the Court of Protection or High Court relating to health and care decisions, including serious medical treatment decisions in emergencies and out of hours.
Our clients work in a challenging environment and are subject to a complex set of laws and regulations.
Our specialist mental health and capacity solicitors work closely with the clinical teams within our client organisations and understand the challenges which they face and the reputational issues for providers and commissioners. Often this specialist advice is needed outside office hours, for which we offer a 24-hour helpline.
We are at the forefront of development of policy and resources, with one of our partners sitting on the Law Society’s Mental Health and Disability Committee, and contributing to, for instance, recent guidance on deprivation of liberty, as well as delivery of training nationwide, both in person and online, including for the National Mental Capacity Forum.
We are pleased to offer a fixed fee approach to streamlined court applications for authorisation of a deprivation of liberty in the community.
We also keep our clients up-to-date with legal developments through our mental health and mental capacity law briefings, lectures, seminars and annual mental health law conference. We also provide training specific to our client's needs, including a regular series of free webinars to stay up to date on Court of Protection, Tribunal and High Court case law.
Services offered by our mental health and capacity solicitors
- Mental Health Act
- Mental Capacity Act
- Deprivation of liberty
- Human Rights Act
- Complaints and compensation claims
- Court of Protection proceedings
- Safeguarding
- Consent to treatment
- Pre Inquest hearings and Inquests
- Offender care
- Representation at hearings
- Judicial reviews
- Policy review and preparation
- Serious Incident Investigations
- Reputational management advice
- Information Governance
- CQC, police and other regulatory matters
- Advice to local authority AMPHs
- Advice to police services on mental health issues
- Commissioning disputes.