Mental health

Fighting for the Rights of Vulnerable Clients in England & Wales

Mental health is a Scott-Moncrieff speciality and every lawyer in our highly-experienced mental health team is a member of the Law Society’s Mental Health Panel. We’ve represented offenders suffering from mental health problems and patients who’ve been injured during restraint or while detained in psychiatric hospitals. 

Our mental health lawyers have won compensation for clients with mental health problems who’ve been unlawfully detained.

Our mental health lawyers also have extensive experience in representing clients who are subject to Supervised Community Treatment and Guardianship Orders.

Whether you’re an individual with a mental health problem or someone with a family member who suffers from mental illness, you’ll find Scott-Moncrieff has the experience and sensitivity to steer you smoothly through the legal complexities. We understand the distress that often arises from such cases and we work with commitment and energy to secure a speedy resolution so that you don’t have to live with uncertainty for longer than necessary. Our mental health lawyers serve clients in London, Oxford, Aylesbury, Reading, Northampton, Cardiff, Broadmoor, Maghull, Southampton, Brighton, Poole, Isle of Wight, Portsmouth, Nottingham, Manchester, Newcastle, Leeds and surrounding areas.

In cases where an individual lacks mental capacity, we’ll work closely with a family member or litigation friend.Much of our work centres on issues of human rights and civil liberties which is why many members of the team also have expertise in human rights law and in Court of Protection cases. It’s our aim that each one of our clients benefits from a joined-up approach that will ensure the best possible outcome in their case.

Someone hasn’t been looked after properly. What can I do?

There are unfortunately far too many cases where vulnerable people who’ve been detained in prison or in a psychiatric hospital are not treated as they should be. 

Our legal team act for mental health patients, as well as for their families and professionals to provide expert legal advice when things go wrong. In the most tragic cases, we’ve advised families when a loved-one has died in a psychiatric unit, providing legal expertise during investigations such as a Coroner’s Inquest.

Few law firms have our track record in difficult mental health scenarios like these. Our mental health solicitors have worked extensively with other legal and healthcare professionals and understand the complexities of the system. All this means you’ll feel you’re in the safest of hands.

Breaking new ground in mental health: Challenging existing law in England & Wales

We’ve frequently initiated challenges to existing mental health law by seeking Judicial Reviews, including reviews of decisions to transfer psychiatric patients back to prison. We have an impressive track record in overturning detention orders and in challenging appropriate treatment tests.

We advise clients on applications to the First Tier Tribunal (FTT) – formerly known as the Mental Health Review Tribunal (MHRT) – and on applications to hospital managers, as well as on aftercare arrangements, treatment and other issues affecting detained mental health patients and those under supervision in the community.

We regularly undertake mental capacity work including Deprivation of Liberty safeguards as well as other applications in the Court of Protection.

How does Lasting Power of Attorney work?

 On occasions, it’s necessary to draw up a Lasting Power of Attorney (LPA) so that a family member or close friend is nominated to make decisions on behalf of someone who lacks mental capacity. Depending on the circumstances, a Health and Welfare LPA and/or a Property and Financial Affairs LPA will be needed. Because our team of mental health lawyers have a wealth of experience across a range of disciplines, we’ll be able to advise on the best way forward. This will help ensure that the complications that can arise when someone becomes severely mentally ill are kept to a minimum.

How do I fund my case?

We have a contract with the Legal Services Commission so can offer Legal Aid, subject to eligibility criteria. Applications to the First Tier Tribunal are not means-tested although advice on other types of cases is means tested.

If you’re not eligible for Legal Aid we can advise on the best way of funding your case privately. We understand that affordability is a key issue so we’ll keep you up-to-date with costs at every stage so there are no nasty surprises at the end.

Contact our Mental Health Lawyers in London, and

For more information on mental health issues, get in touch via our online contact form or call our team now on 02078411099.

CALL US 02078411099


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