Mental health problems will touch most of our lives at some point. However, sometimes those problems can become so difficult to manage that mental health professionals may take the decision that the person affected needs to be detained under the Mental Health Act 1983, for assessment or treatment, in the interests of their safety or for the protection of others. This can be an incredibly distressing time for patients and their families, particularly if it hasn’t happened to them before. At MJC Law we can advise individuals on any issue relating to the Mental Health Act, and in particular:
- detention under section 2 for assessment
- detention under section 3 for treatment
- detention under section 37 with or without restrictions under s41, and other forensic sections
- section 7 guardianship orders
- section 17A community treatment orders
If you or a family member are subject to any of these sections, and wish to appeal, we can assist with advice and representation before a tribunal where appropriate. We can also advise nearest relatives of those subject to the Mental Health Act in relation to:
- their rights to order a patient’s discharge
- any rights they may have to apply to the tribunal
- displacement applications by the local authority
In any case when a person wishes to appeal against their section to the tribunal, they will be entitled to non-means tested legal aid, so there will be no fees to pay. In other cases, legal aid may be available for to help pay for advice and assistance in relation to matters under the Mental Health Act.
If you would like more information, please contact us.
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