A mental disorder is defined under section 1 of the Mental Health Act 1983 as any disorder or disability of the mind. This definition can include a learning disability but only if it is associated with ‘abnormally aggressive’ or ‘seriously irresponsible conduct’.
We know how stressful mental health law issues can be, not just for individuals, but also for their friends and family.
We are an approachable, accessible, reliable team of specialist lawyers who really care about getting the best possible outcome for you. We are regarded as one of the leading firms of Mental Health Solicitors in England and Wales and have been described in the independent legal directory, the Legal 500, as representing clients with ‘the utmost dignity and discretion’.
Please click here for the guide to being detained under the Mental Health Act 1983, Deprivation of Liberty and Community Care rights.
Below are a list of charities which can provide you with further assistance with specialist support service:
How TV Edwards work:
We will use clear language in all our dealings with you and hope that we are able to reduce your burden and worry. That’s important to us. We aim to deliver the service you need in a way that suits you, so we make sure that we are available in person, by telephone or via our online service. We recognise that it may not be always easy or practicable to make journeys, and we don’t expect you to come to us, we can arrange hospital visits.
When you instruct us you can be confident that your case will be handled by an experienced solicitor, and that it will be handled properly and with understanding. Our service is about making the law work for you, and always acting in your best interests. Our Mental Health team is supported by colleagues who specialise in other areas of law including criminal law, housing law and family law. This means that, whatever the issue, there will be experts on hand to advise you. It’s a holistic, tailored service, and it’s valued by our clients.
Our team includes Carolyn Taylor who regularly writes and lectures on mental health law and sits as a Mental Health Tribunal judge. She has over 25 years of experience and has been a member of the Law Society’s Mental Health Tribunal Panel since 1996. She is described in the Legal 500 as an “expert in mental health matters” with ‘significant experience in human rights, both as a civil and criminal lawyer’, and is ‘an acknowledged expert in this field’.
What TV Edwards solicitors will do:
We can advise on and represent you in all aspects of mental health and capacity law. Here is a snapshot of our work:
- Representation at Mental Health Tribunals and Hospital Managers’ hearings.
- Advising and assisting at Care Programme Approach (CPAs) meetings and other meetings to plan discharge from hospital.
- Acting in Court of Protection proceedings on behalf of minors/adults about medical treatment and disputes over residence and/or contact.
- Advising patients and families in respect of the Mental Capacity Act Deprivation of Liberty Safeguards (DOLS) and representing in proceedings.
- Advising and assisting families of those who have died in psychiatric care in respect of NHS Trust investigations and Coroner’s inquests.
- 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 patients and nearest relatives where the local authority is applying to displace the nearest relative.
- Acting for prisoners with mental health issues who want to be transferred to hospital.
- Acting in criminal appeals where mental health is an issue.
If you instruct us on an appeal to a mental health tribunal, you will be entitled to free representation.
In most other situations we can act on legal aid, which means that the cost of your case is wholly or partly paid for from public funds. This is only available to people with limited means and with the approval of the Legal Aid Agency. We can help you work out whether or not you are eligible for legal aid and, if you are, we’ll guide you through the application process.
Where Legal Aid is not available we can quote you a competitive fixed price for our work.
Click here to find out more.