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Mental Health Solicitors

Challenges to mental health care, treatment, detention and aftercare

Sometimes mental health care professionals can fail in their duty of care, leading to misdiagnosis or unfair detention under the Mental Health Act 1983. Our experienced mental health solicitors provide advice and representation for individuals and their families on all aspects of challenges to mental health care, treatment, detention, aftercare and an individual’s rights under mental health law. We have extensive experience and knowledge of all sections of the Mental Health Act, including:

  • Section 2 Detention for assessment
  • Section 3 Detention for treatment
  • Section 7 Application for guardianship
  • Section 37 Powers of courts to order detention or guardianship
  • Section 37/41 Powers of courts to order detention or guardianship with restrictions
  • Section 38 Interim hospital orders
  • Section 47 Removal to hospital of persons serving sentences of imprisonment
  • Section 47/49 Removal to hospital of persons serving sentences of imprisonment with restrictions
  • Section 48 Removal to hospital of other prisoners.

Mental health conditions affect a vast number of people and can be a distressing time, often leaving individuals and their families feeling vulnerable and confused. At Anthony Collins Solicitors, our specialist mental health solicitors work with individuals and their families to assist patients to navigate mental health law and achieve successful outcomes when it comes to challenges to mental health care, treatment, detention and aftercare.

Our challenges to mental health care, treatment, detention and aftercare

Our specialist mental health law solicitors can work with individuals and families to advise on and provide representation on all aspects of mental health law and challenges to mental health care, treatment, detention and aftercare, including:

  • Act on behalf of individuals and relatives to challenge detention and treatment or those seeking treatment
  • Representation at Mental Health Tribunals and Hospital Managers’ hearings
  • Advice and assistance at Care Programme Approach (CPA) meetings and Section 117 meetings to plan discharge from hospital and arrange appropriate aftercare
  • Act for individuals in the community on a community treatment order, guardianship or on no order but are receiving, or in need of, mental health input
  • Advising patients and relatives on all aspects of the Mental Capacity Act, Deprivation of Liberty Safeguards (DoLS) and providing representation in proceedings
  • Judicial review of unlawful decisions made by the Mental Health Second Tier Tribunal, NHS Trusts, Social Services and Local Authorities
  • Advising nearest relatives on their powers under the Mental Health Act
  • Acting for prisoners with mental health issues who want to be transferred to hospital

Our mental health law team is highly respected in the field of mental health law and have over 20 years of combined experience. All of our mental health solicitors professionals are on the Law Society’s Mental Health accreditation panel and understand that mental health problems can affect anyone and have the experience, knowledge and sensitivity to assist individuals and their families through this difficult period.

In most cases we can act on under Legal Aid, meaning that your legal costs are wholly or partly paid from public funds. This is available to individuals with limited means and with the approval of the Legal Aid Agency. Our team are happy to advise on whether you are eligible for legal aid and assist you through the application process. If you are not eligible for Legal Aid, we can advise on the best way to fund your case privately.

As one of the West Midlands most successful and respected law firms, our solicitors mental health team are is passionate about delivering expert legal advice to support you to achieve a successful resolution to your legal issue. Our advice is practical, clear and we work with our clients to guide them through every step the legal process. Our experienced teams have the knowledge, experience and sensitivity to assist individuals and their families through periods of uncertainty and difficulty.

If you or a relative would like further information on challenges to mental health care, treatment, detention and aftercare or how our family law team can help you, please get in touch.