Jefferies are specialist Lawyers in Mental Health Law and Mental Capacity Law. We:
- Represent clients at First-Tier Mental Health Tribunals and;
- Assist clients at Hospital Managers hearings, and;
- Are able where appropriate to attend CPA meetings.
- Also advise patients and/or their nearest relatives with general legal issues relating to treatment/care.
The Mental Health Act 1983 (the Act)
Various sections of the Mental Health Act (MHA) 1983 (as amended by the MHA 2007) give Local & Health Authorities the power to detain people against their will (compulsory detentions) and/or make them subject to various community provisions/orders. A court order can also lead to one’s detention under the Act. Here at Jefferies, we give advice, assistance as well as represent anyone subject to any section of the Act.
In most cases if one is subject to a section under the Act, s/he may have a right to have their detention reviewed by an independent First-Tier Tribunal (Mental Health).
Our role at hearings is to ensure that your case is properly investigated, your views expressed and that the clinical team are challenged appropriately if you do not agree with their opinion. It is our role to ‘fight your corner,’ to represent you and to challenge the statutory criteria under the Act.
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.