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Being detained under the Mental Health Act 1983, whether you or a loved one has been detained, can be an extremely upsetting time.
If you are detained, you have the right to a mental health solicitor.
At David Gray, we have the largest team of specialist mental health solicitors in the North East who provide legal advice in relation to all aspects of the Mental Health Act (MHA) 1983 and we represent patients before the Mental Health Tribunal and Hospital Managers’ Hearings.
Our team of solicitors specialising in mental health law consists of four Law Society Mental Health Tribunal Panel accredited representatives, with both male and female mental health lawyers, so if you have a preference, we can try to accommodate your needs. Our team represents clients all over the North East.
What is the Mental Health Act?
The Mental Health Act (1983) is the main piece of legislation that covers the assessment, treatment and rights of people with a mental health disorder detained under the Act.
Sometimes, people agree to be in hospital voluntarily to receive assessment and / or treatment for their mental health difficulties, however, there are times when a person can be detained – often referred to as sectioned – and subsequently assessed and / or treated under the Mental Health Act (1983) without their agreement, either because they can’t or won’t consent to the admission
Why might someone be detained under the Mental Health Act and how can a mental health solicitor help?
When someone is detained under the Mental Health Act and admitted to hospital, they have the right to legal advice from a specialist mental health solicitor.
Section 135
Police have the power to enter a person’s home, by force if needed, under a Section 135 warrant, if there is reasonable cause to suspect that the person is believed to be suffering from a mental disorder, and
(a) has been, or is being, ill-treated, or neglected, or
(b) is living alone and is unable to care for themselves.
They may be taken to a place of safety for a Mental Health Act assessment which may then lead to them being detained under the Mental Health Act and admitted to a Mental Health Hospital.
Section 136
A person can be taken to a place of safety, like a hospital, or police station in an emergency, if they are found in a public place and are appearing to have a mental health disorder with an immediate need for care or control. In this case, the person would be detained under Section 136 and taken to a place of safety for assessment. This may then result in you being detained under the Mental Health Act and admitted to hospital.
In non-emergency cases, it’s often family members, a GP, carer or other professional who voices initial concerns about your mental health. They may discuss your mental health with you and together, you will make a decision about the help you might need. In some cases, your nearest relative may ask for you to be assessed under the Mental Health Act.
Regardless of how you came to be detained, if you are detained under the Mental Health Act in hospital, you are entitled to the support of a mental health solicitor. Mental health solicitors can work with you to understand and protect your rights, and apply for, and represent you at a Mental Health Tribunal.
At David Gray, our mental health solicitors can support individuals detained under the Mental Health Act, or their nearest relatives. In most cases, we will visit the detained individual in hospital, but we are also able to talk to you over the telephone or via video call, if you are more comfortable with that.
During this meeting, we will explain to you exactly what it means for you to be detained under your particular section. Since every section is different, specialist advice is needed to ensure you have the best understanding of your situation, your rights and the potential options available to you.
For nearest relatives, we can talk you through your own rights, since depending on the section your relative is detained under, you may be eligible to appeal to the tribunal in your own right. Should you wish to do this, you will be entitled to non-means tested legal aid.
David Gray’s mental health solicitors are experts in all areas of mental health law and can provide you with the specific services you need in relation to your section. We work with clients based all over the North East to ensure they receive the highest level of representation during this difficult time.
What can a mental health solicitor from David Gray support you with?
Being detained under the Mental Health Act can be an extremely confusing and distressing time. It is important that you seek expert legal support and advice to ensure your rights are understood and you are expertly represented, especially if you are appealing your section through a tribunal hearing.
At David Gray, our mental health solicitors can support you if you have been detained under the Mental Health Act to ensure both you and your nearest relative understand your rights. These services include:
- Detention under the Mental Health Act: if you or someone you know has been detained under the Mental Health Act, we can offer them expert advice to ensure they are advised of all their legal rights and options at this time.
- Forensic Cases – Mentally Disordered Offenders: if you have been through the criminal courts, which has made you subject to the Mental Health Act, a criminal court could impose an interim hospital order, a hospital order or a hospital order with a restriction, among others.
- Hospital Admission From Prison: if you are serving a sentence of imprisonment but are found to be suffering from a mental health disorder and it is believed you should be detained in hospital for treatment, you can be transferred to hospital, and we can advise you of your rights if that happens
- The Mental Health Tribunal: if you want to be discharged from your section, we can submit your appeal to the Mental Health Tribunal , and represent you at the hearing.
- Hospital Managers’ Hearings: similar to Mental Health Tribunals, at these hearings, independent managers will review whether a patient’s detention should end and they could be discharged from hospital
- Nearest Relatives – Rights and Displacement: Nearest relatives have certain rights and powers in relation to the patient’s detention and discharge, depending on the section. We can advise you on this.
- Supervised Community Treatment (Community Treatment Orders): a legal framework for ensuring that certain people receive compulsory care and treatment in the community, a Community Treatment Order (CTO) can only be made if you have been detained under certain sections of the Mental Health Act.
- Appeals to Upper Tribunal: if there was an error in law when a decision was made by a First-Tier Mental Health Tribunal, you may be able to appeal to the Upper Tribunal.
We are also able to attend CPA meetings and Care and Treatment reviews where appropriate to support patients.
Work with a mental health solicitor from David Gray
David Gray Solicitors has the largest team of specialist Mental Health solicitors in the North East. We provide advice in relation to all aspects of the Mental Health Act (MHA) 1983, and represent patients before the Mental Health Tribunal and Hospital Managers.
The team consists of five Law Society Mental Health Tribunal Panel accredited representatives. Due to the size of our team, we are able to represent patients across the North, from Middlesbrough to Newcastle to Barrow-in-Furness and everywhere in between.
At David Gray, we understand how important it is to receive the right support from an expert mental health team. Our solicitors specialising in mental health law are experts in all areas of mental health law.
From supporting you if you are not happy with your section and you would like to appeal it to the Tribunal, to ensuring you understand your rights, our team of expert solicitors are here for you. We can advise you of the law that applies in your particular case, what your options are and provide free legal representation at Tribunal hearings.
Depending on what section you are on, there may be time limits for you to appeal. We will discuss these with you, regardless of whether we meet in person, online via video call or on the telephone.
We are able to visit those detained in Hospital under Section 2 of the Mental Health Act 1983 within 24 hours of contact, and within 48 hours for those detained under Section 3.
We also represent the Nearest Relatives of those detained under the Act and advise on their rights and responsibilities.
Here, our Head of mental health law, Emma introduces the firm, her team and our approach:
Legal Aid for individuals detained under the Mental Health Act
If you have been detained under the Mental Health Act and are applying to the Tribunal to appeal the decision, you are entitled to non-means tested (i.e free) legal aid.
Nearest relatives are also entitled to non-means tested legal aid, should they decide to appeal to the tribunal in their own right.
Our mental health solicitors can advise you on the availability of legal aid in each specific scenario.
Contact Us
At David Gray, we work with clients all over the North East to ensure they fully understand their rights if they are detained and sectioned under the Mental Health Act (1983).
We can visit you in hospital to discuss your case, but we can also speak with you via video or phone call, if you prefer. To organise the right support for you, you can contact a member of our team by calling 0191 232 9547 or by contacting us online.
The following online resources also provide information and support on being detained under the Mental Health Act (1983):
