Mental health

The Mental Health Act is a complicated legislation. We can help you interpret and apply it to a variety of situations and work out how it interacts with other legislation.

We help our clients make the right judgment in high pressure situations – from consent and withdrawal of treatment to deprivation of liberty and inquests.

Our clients, ranging from NHS providers and commissioners to independent sector providers use our support as they design services and draft policies to meet their goals.

Our team support mental health providers and commissioners on the application of the MHA. From general wards to high secure hospitals and everything in between, we frequently advise on high profile and sensitive cases relating to patients detained under the MHA.

We help our clients in both the public and independent sector make the right judgment and deliver high quality care to their patients. Our clients are often dealing with complex patients in high-risk arenas, so our support extends to investigations (both internal and independent), inquests and risk management training.

Our lawyers

We have been advising clients on the MHA for many years. You will have access to lawyers who have advocated in First Tier Tribunals (Mental Health), defended judicial reviews and dealt with cases in both the Court of Protection and the Inherent Jurisdiction of the High Court.

Our experience

Our experience covers a wide range of areas relating to mental health patients including:

  • Review of section papers
  • Advice on nearest relatives
  • section 17 leave
  • Community Treatment Orders
  • Cross border issues
  • Informal patients
  • Independent Mental Capacity Advocates
  • Treatment under Part IV
  • Place of safety
  • The application of section 63 Mental Health Act, in particular the overlap between the Mental Health Act and Mental Capacity Act
  • Preparation for and advocacy at Tribunals
  • Judicial reviews
  • Human Rights Act
  • Codes of Practice to Mental Health Act, Mental Capacity Act and Liberty Protection Safeguards
  • Review of policies, procedures and protocols
  • section 117 aftercare
  • Inquests
  • Serious Incident Investigations
  • Independent Investigations
  • Information Governance issues

Our clients

  • Nottinghamshire Healthcare NHS Foundation Trust
  • Coventry and Warwickshire NHS Partnership Trust
  • Black Country NHS Foundation Trust
  • South West London and St George’s NHS Trust
  • Cambridgeshire and Peterborough NHS Foundation Trust
  • Elysium Healthcare
  • Mersey Care NHS Foundation Trust

Legal resources you may find useful

  • Our Health and care blog provides insights on the latest developments in the health and care sector.
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