Jefferies are specialist Lawyers in Mental Health Law and Mental Capacity Law. We assist and advise patients or their nearest relatives who have Hospital Managers hearings and First-Tier Mental Health Tribunals, or have general legal issues relating to treatment/care.
Persons can be detained civilly under the Mental Health Act at the Hospital or be subject to various orders under the Mental Health Act whilst in the community. In most cases of compulsory detention Mental Health patients have a right to have their detention reviewed by an independent First-Tier Mental Health Tribunal, as do nearest relatives of those patients. The Tribunal is totally independent of the hospital and reviews whether the detention of the patient is lawful or not. It has powers to discharge and/or make recommendations regarding treatment and transfer to other hospitals. Persons detained as patients under such circumstances also have certain rights to have their detention reviewed by the Hospital Managers.
We also assist patients detained under the Mental Health Act who are or have been involved in Criminal Proceedings.
Funding of Representation
In all cases where patients are to be represented under a First-Tier Mental Health Tribunal hearing they are entitled to free legal representation as Legal Aid is available without any means testing. The firm is able to grant Legal Aid to patients and we are also able to advise on funding to nearest relatives for patients detained under the Mental Health Act.
Legal Aid is available to a nearest relative if they are applying for a tribunal.
Miscellaneous Advice and Assistance for Patients and Nearest Relatives of Patients with Mental Health issues
In addition to direct representation at Hospital Managers hearings and First-Tier Mental Health Tribunal hearings, we can provide advice and assistance in relation to many other legal issues facing persons who have mental health issues or their nearest relatives. Again, Legal Aid may be available in such circumstances and this is dependent upon the financial position of the individual concerned as there is an element of means testing involved. We would be happy to give further advice upon the Legal Aid position, if necessary.
Mental Capacity, Deprivation of Liberty (DOLs) and Court of Protection (COP)
Jefferies are also able to advise and assist individuals or their relatives in relation to matters surrounding their welfare, finances and liberty.
Legal Aid may be available but if not we can still adjust on a private paying basis.
Representation at First- Tier Mental Health Tribunals is provided by Law Society Accredited Mental Health Panel Members. Only those who satisfy the Law Society's requirements are able to represent those detained under the Mental Health Act at these tribunals.