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. This is a complex and difficult area of law involving sensitive issues which can often be highly emotional. Anyone facing legal mental health issues should expect nothing less than the best advice from competent lawyers with extensive training and experience in this field.
The number of people being affected by mental health is increasing every year. This includes a significant number of people being detained in hospital against their will. Often this will leave people feeling vulnerable and isolated with no understanding of their rights and entitlements. People need to understand that they are not alone in such situations and they have the right to have a solicitor fighting for their rights. The Mental Health Department at TV Edwards is passionate about helping people affected by mental health law issues. Our team choose to work in this field because we believe no one should be left feeling isolated or alone. We pride ourselves in being knowledgeable, caring lawyers who will not back away from a fight in the pursuit of your legal and civil liberties.
TV Edwards offer an approachable, accessible, reliable team of specialist lawyers who 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. We have been described in the independent legal directory, the Legal 500, as representing clients with ‘the utmost dignity and discretion’.
The quality of representation provided by TV Edwards in the area of mental health law is supported by us being awarded a rating of “competence plus” as part of the Legal Aid Agencies Independent Peer Review process. This means that we not only meet the required level of competence expected from all firms practicing in Mental Health law but that TV Edwards employs tactics and strategies to achieve the best outcomes for clients, adds value to the cases we work on, provide full and correct advice tailored to our clients circumstances and take a proactive approach. This rating signifies that TV Edwards provide work to a “high degree of competence”.
The mental health team at TV Edwards provide professional advice and assistance to a high standard in respect of all aspect of the Mental Health Act including but not limited to:
- Section 2 admission for assessment.
- Section 3 admission for treatment.
- Section 7 guardianship.
- Section 17A Community Treatment Orders.
- Section 37 hospital order.
- Section 37/41 hospital order with restriction order.
- Section 47 and 48 transferred prisoners.
All our solicitors, paralegals and trainees undergo regular internal and external training in order to ensure we maintain the high standard of representation required in this field. All our lawyers in the Mental Health Department are members of the Law Society’s Mental Health Panel Accreditation.
We have a strong legal aid background which is important to us as we care about providing quality services to the most vulnerable in society. We also offer competitive private rates for those who are not eligible for legal aid or otherwise want to privately fund their case. Our team is experienced in representing individuals and organisations from all walks of life. Please see below for further details on funding your case and our frequently asked questions.
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 always be easy or practicable to make journeys, and we don’t expect you to come to us, we can arrange hospital visits.
When you instruct TV Edwards you can be assured that your case will be handled with competence and confidence. 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 such as criminal defence, housing, community care and family law. This means that, whatever the issue, there will be experts on hand to advise you. It’s a holistic, tailored service which is valued by our clients.
What TV Edwards solicitors will do:
We can advise on and represent you in all aspects of mental health. Here is a snapshot of our work:
- Representation at Mental Health Tribunals and Hospital Managers’ hearings.
- Providing advice and assistance at Hospital Manager’s hearings.
- Advice and assistance on the rights of detained patients including voluntary / informal patients.
- Advising and assisting at Section 117 and Care Programme Approach (CPA) meetings as well as other meetings.
- The provision of aftercare services and challenges in respect of this.
- Judicial Review of unlawful decisions made by the Mental Health Second Tier Tribunal, NHS Trusts, Social Services and Local Authorities.
- Applications for immediate release (habeas corpus)
- Advising nearest relatives on their powers under the Mental Health Act.
- Acting for patients and nearest relatives in relation to displacement proceedings in the County Court.
- Acting for prisoners with mental health issues.
- Appeals to the Upper Tier Tribunal.
- Human Rights Act challenges.
- Advice on Consent to Treatment provisions under the Mental Health Act.
If you instruct us on a challenge of your detention to a mental health tribunal, you will be entitled to free representation.
In most other situations we can act for you under a form of 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 or if you wish to receive our services on a private basis, we can quote you competitive rates for our work.
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