Mental health & capacity

Mental health law is an extremely specialised and complex area that requires both a rapid response and accurate advice to avoid mistakes. Whether patients are detained in High Secure Hospitals or are informal or living in the community, our mental health lawyers have an unrivalled track record in giving you clear guidance on sensitive legal issues.

We are considered the national ‘go-to’ firm for mental health advice by many of our clients. We have one of the largest teams in the country who are experts, advising daily, on the full range of mental health issues. We have some of the most pre-eminent practitioners in the country leading this dedicated team.

By attending decision-making meetings and reviewing the supporting documentation and policies, we can help to make your decisions final and keep you out of the courts and the newspapers. If required we can act as advocates in Mental Health Review Tribunals and we have an excellent reputation for defending our clients at judicial review. Naturally, we prefer to work proactively and our specialist mental health lawyers can help formulate policies and procedures and provide internal training to help prevent this happening in the first place.

In addition we can also offer the following services:
  • Policy advice/policy reviews  
  • Social care issues 
  • Training

Our areas of expertise include:

  • Deprivation of Liberty safeguards advice

    Exceptional treatment and funding issues:

    • Eligibility criteria 
    • Continuing/community care/S.117 after care 
    • Funding responsibilities and overseas treatment 
    • Innovative working methods
  • Human rights legislation
    • Gender recognition and reassignment legislation
    • Legal proceedings: 
    • First Tier and Appeal Tribunal advice and representation
    • Judicial reviews
    • Negligence proceedings
    • Best interests disputes
    • Court of Protection
  • Mental capacity legislation advice
    • Best interest decisions and treatment under the Mental Capacity Act
    • Treatment and the Human Rights Act
    • Protection of vulnerable adults, Safeguarding
    • Treatment of children
  • Mental health legislation advice
    • Advice for MHA administrators
    • Policy advice
    • Treatment
    • Challenges by and on behalf of patients
  • 24/7 Emergency advice

    If a patient's life is at stake or your organisation's reputation is suddenly at risk you're likely to need immediate access to legal advisers who've dealt with these sorts of problems before.Our team of experienced healthcare lawyers are available around the clock, able to give you practical advice and help whenever you need it.

    Call us for emergency advice on 020 8780 4860

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Resources

Clinical Law Insight - September 2018

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Capsticks Claims Handling Service

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CQC - Improving outcomes

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Getting to grips with GDPR

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Medical malpractice claims service

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Key issues for healthcare organisations

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The CQC and your estate

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Commercial Dispute Resolution

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Improving outcomes in adult social care

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NHS provider models

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CQC Regulation - How we can help

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Estates management service

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