Advice and representation for patients and families on all aspects of detention, treatment and the individual’s rights under Mental Health Law.
Cartwright King has extensive experience in advising on mental health law. Our specialist team of lawyers take a clear and client focussed approach to each case working with sensitivity and understanding. We put our clients’ rights and best interests at the heart of every case.
Our lawyers are members of the Law Society’s Mental Health Accreditation Scheme, which means they have been independently examined as experts in Mental Health Law.
We provide advice on all aspects of Mental Health Law.
We have extensive experience of all sections under the Mental Health Act, including:
- Section 2 detention for assessment and treatment
- Section 3 detention for treatment
- Section 7 Guardianship
- Section 17 A Community Treatment Orders
- Section 37 Hospital Orders and Section 37/41 Hospital Orders with Restrictions
- Section 47 on transfer from prison and Section 47/49 transfer from prison with restrictions
- Sections 38, 48 and 45A
- Representation at the Mental Health Tribunal and Hospital Managers Meetings
- Advice on Nearest Relative powers
- Working with independent experts to examine and present medical, forensic and scientific evidence
- Appeals to the Upper Tier Tribunal of decisions by the Mental Health Tribunal
- Advice on proceedings to displace a Nearest Relative
- Advice on aftercare following discharge from hospital
- Significant expertise in advising on complex forensic cases in the high secure hospital estate
In addition we have a team of specialist Mental Capacity lawyers who can provide advice and assistance in Mental Capacity Law matters including applications to the Court of Protection and the interface between Mental Health Act and Mental Capacity Act.
In most cases clients are entitled to free legal representation under the legal aid scheme.
Legal Aid is available for work in respect of Mental Health Tribunals. Following an assessment, Legal Aid may be available for other mental health law advice and assistance we give.
The Care Quality Commission (CQC) has made changes to the Mental Health Act complaint process in response to the coronavirus (COVID-19) pandemic. The CQC are prioritising complaints from or about people who are currently detained on an inpatient ward in hospital and aim to ‘identify ways to help support people through our Mental Health Act monitoring, resulting in a quicker resolution to their complaint or concern’. All other complaints will be reviewed but may be paused due to coronavirus.