Mental Health Solicitors

Biscoes Solicitors are experts in the realm of Mental Health and Capacity Law and boast a wealth of experience in supporting clients’ needs when they are at their most vulnerable.

We take an individualistic approach to all of our Mental Health and Capacity cases as we recognise that no one client is the same and our advice should be tailored as such. We are dedicated to ensuring our clients’ voices are heard and their rights are considered by all parties from the outset.

We are able to provide advice, assistance, and representation in relation to all aspects of the Mental Health Act 1983 (as amended) (MHA 1983) to patients and their relatives. We are able to assist in the following ways:

• Representation of individuals detained under MHA 1983 in Mental Health Tribunal Hearings before the First-Tier Tribunal
• Representation of individuals detained under MHA 1983 in Hospital Manager Hearings whether a requested hearing or renewal hearing
• Providing advice and assistance in relation to the legality of detention under MHA 1983
• Providing advice and assistance in relation to MHA 1983 consent to treatment provisions
• Providing advice and assistance in relation to Section 117 MHA 1983 aftercare provisions and funding issues
• Advocating for individuals in various meetings including Care Programme Approach meetings (CPAs), Care and Treatment Reviews (CTRs), Section 117 meetings, and Professionals meetings
• Commissioning of independent experts, including psychiatrists, psychologists, and social workers, to prepare independent reports to ensure equality of arms with hospital teams in Mental Health Tribunal Hearings
• Advising relatives of individuals detained under MHA 1983 of the process, procedures, and their rights and powers, particularly in relation to Nearest Relatives of patients
• Advice on proceedings to displace a Nearest Relative
• Appeals to the Upper Tier Tribunal of Decisions by the Mental Health Tribunal Panel

The particular Section types we are able to advise and assist with are as follows:

• Section 2 – Detention for assessment and treatment
• Section 3 – Detention for treatment
• Section 7 – Guardianship
• Section 17A – Community Treatment Orders
• Section 37 – Hospital Orders
• Section 38 – Interim Hospital Orders
• Section 37/41 – Hospital Orders with restrictions
• Section 45A – Hybrid Order
• Section 47 – Transferred prisoners
• Section 47/49 – Transferred prisoners with restrictions
• Section 48/49 – Transferred remand prisoners with restrictions

Legal aid is available for our work in respect of Mental Health Tribunal Hearings. Depending on a means-assessment, legal aid may be available for the non-Tribunal Mental Health Law advice and assistance we can provide.

Whilst the Mental Health and Capacity Team is based in Portsmouth, we have offices in Petersfield, Portchester, Newport & Ryde (Isle of Wight), Waterlooville and Wickham. We are able to represent individuals across the country.

India Jefferson-Grant is the Head of Mental Health at Biscoes and is a member of the Law Society’s Mental Health Accreditation Scheme, having been independently assessed as an expert in Mental Health Law. India heads a team of Mental Health Law Specialists, all of whom can be contacted on 02392 660 261.

We are able to provide advice, assistance, and representation in relation to the following Capacity matters:

• Advice on what a deputy is and whether a deputy is required
• Applications to appoint a deputy for Property and Affairs
• Applications to appoint a deputy for Health and Welfare
• Appointment of a professional deputy
• Applications to replace a deputy
• Trustee applications
• Advice on the Deprivation of Liberty safeguards (DOLs)
• Section 21A applications
• Statutory wills
• Advice on resolving Power of Attorney disputes
• Application to the Court of Protection for the payment of gifts or advice
• Advice and representation for Court of Protection disputes

Alison Lee is the Managing Director of Biscoes Solicitors, Mental Capacity/Court of Protection specialist, and can be contacted on 02392 660 261 or alee@biscoes-law.co.uk.

If you would like further information, please contact the Mental Health and Capacity Department at Biscoes on 02392 660 261.