Mental Health Tribunal
If you are detained, you can usually apply to the First-tier Tribunal (Mental Health) to be discharged. Legal aid for tribunal representation is not means tested, so it is free for every detained patient. A solicitor can visit you on the ward, get independent reports and represent you at the hearing.
Other work
- Community treatment orders and guardianship.
- Deprivation of liberty safeguards and Court of Protection cases.
- Deputyship applications for people who cannot manage their own affairs.
- Challenges to care and treatment decisions.
Questions to ask a mental health solicitor
- How many cases like mine have you handled recently, and who will do the work day to day?
- How do you charge (hourly, flat fee or contingency), and what will the total be, including expenses?
- What are the main stages, risks and likely timescale?
Frequently asked questions
Can I get a solicitor if I have been sectioned?
Yes. Ward staff must tell you about your rights. You can ask for a mental health solicitor, and legal aid will cover tribunal representation for free.
What does the Court of Protection do?
It makes decisions about property, finances, health and welfare for people who lack the mental capacity to make those decisions themselves.