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Mental Health

Health & Welfare

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Mental health solicitors with compassion

Cartwright King’s specialist Mental Health Lawyers understand the magnitude of mental health cases and the distress they cause. That’s why our dedicated team offers a fully focused, compassionate approach to your case to ensure that your legal rights and best interests are heard, understood and met.

For sensitive, straightforward legal support, get in touch with our Mental Health Team today.

We can also help with…

  • Sections 38, 41(5) Notional Hospital Order, 45A and 48 
  • Representation at the Mental Health Tribunal and Hospital Managers Meetings
  • 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
  • Advising on complex forensic cases in the high secure hospital estate

Benefit from a free, initial telephone conversation

Legal issues involving mental health require a sensitive, supportive approach. Cartwright King’s compassionate solicitors offer a free, initial discussion. With your liberty at stake, there’s no substitute for speaking to a specialist solicitor.

We’re here to ensure that you’re not alone. For immediate action, contact us today for your free* initial discussion. 

The discussion is completely informal and confidential, and is an opportunity for us to:

  • Get to know you 
  • Understand your situation
  • Agree how you want to proceed

*Please be aware that this is a ‘get to know you’ call and no advice will be given.

Why choose Cartwright King?

We listen, we understand and we genuinely care about protecting the legal rights of vulnerable individuals. 

The wellbeing of you or your loved one comes first at Cartwright King. Our specialist Lawyers are members of the Law Society’s Mental Health Accreditation Scheme, which means they have been independently accredited as specialists in Mental Health.

This means that you will benefit from trusted advice and representation that empowers you to face mental health disputes with a strong legal backing.

We’re committed to defending your legal rights and ensuring that you’re treated with respect and dignity throughout your case. When you need us most, we’ll be there to offer sound, sensible legal advice and sure guidance.  

We’re a trusted, resourceful Legal 500 top tier law firm with specialist solicitors that are calm under pressure, giving you legal counsel that you can count on, no matter how complex your case.

Legal Fees

For mental health cases, you might be able to secure Legal Aid for representation before the Mental Health Tribunal, without being subject to a means test. For matters not brought before the Tribunal, your eligibility for Legal Aid is subject to a means test.

We can explain the eligibility criteria to you, and if you meet the requirements, we can act for you free of charge.

Coronavirus and the Care Quality Commission

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 is prioritising complaints from or about people who are currently detained on an inpatient ward in hospital and aims to ‘identify ways to help support people through Mental Health Act monitoring, resulting in a quicker resolution to a complaint or concern’.

All other complaints will be reviewed, but may be paused due to coronavirus. You can email enquiries@cqc.org.uk or call 03000 616161 to make a complaint.

We're here for you.

Frequently asked questions.

Yes. Under specific sections of the Mental Health Act, a person can be forced to remain in hospital, even if they object to being held. 

However, this can only happen if you have been assessed by a team of health professionals. Cartwright King’s Mental Health Team can help you challenge a decision that keeps you in hospital against your will.

It is the duty of a medical professional to seek a person’s informed consent before administering treatment for a physical or mental health condition. However, under the Mental Health Act there are certain circumstances where treatment can be given without an individual’s consent, when that person has been detained.

Treatment can only be applied for a mental disorder without consent. Medical treatment administered for a physical illness, without an individual’s consent, is prohibited – unless a physical problem is a symptom or underlying cause of a mental health condition.

Cartwright King can advise on the complex consent to treatment provisions.

A person that is held in hospital under the Mental Health Act, still has certain legal rights. These rights include:

  • Access to information about why you have been held in hospital
  • Appealing to a Mental Health Tribunal to challenge your section 
  • Seeking help and support from an advocate
  • Meeting with hospital managers