Mowbray City Advocates

Mental Health

Mental Health Representation

Statistics reflect that mental illness affects one in three people at some stage in their lives. Even though this figure proves that this disorder is commonplace in our society, there is still a great stigma attached and often a lack of understanding. The term ‘mental disorder’ includes any disorder or disability of the mind.

At Mowbray City Advocates, our specialist mental health team works on a daily basis with those involved in mental health cases. We have unrivalled in experience and expertise in the South West, providing representation before Mental Health Review Tribunals and Hospital Managers on a daily basis. Our experts are members of the Law Society’s Mental Health Review Tribunal Panel, which means that we are approved by the Law Society.

Sectioning or Hospital Detainment

Under the Mental Health Act (1983), people who suffer from a ‘mental disorder’ can be sectioned or detained against their will and be treated without their permission. The law states that two doctors and a third person, normally an approved mental health professional, have to decide if a person can be detained in hospital and the common forms of detention are:

Admission for assessment which lasts for up to 28 days (Section 2)
Admission for treatment which lasts for up to 6 months and can be renewed thereafter (Section 3)

With both Sections, the patient may be discharged by one of the following:

The Responsible Clinician (RC)
The Hospital Managers
The Nearest Relative

At Mowbray City Advocates, our specialist mental health team is able assist patients with their human rights, when they are detained in hospital. If a person is detained under Sections 2 or 3 and does not agree with this their nearest relative can apply to have them discharged. The nearest relative must give 72 hours notice to the hospital managers, who in turn may overrule the request. The RC can refuse the request on the grounds that discharge would be dangerous to the patients or to others. The nearest relative can then choose to bring the case before a Mental Health Review Tribunal. The onus of proof is then on the RC.

We have the resources to respond to quickly and effectively to urgent applications, particularly in relation to Section 2 Mental Health Act 1983 applications. If your family member or friend has been detained under the Mental Health Act, contact one of our specialists and we will be able to advise you on how to proceed.

Appeals and Tribunal Representation

The patient may appeal to the Mental Health Review Tribunal which decides decide whether a patient should be discharged. Under Section 2 this appeal must be made within 14 days of detention. Under Section 3 one appeal can be made within the six-month period. Our specialist mental health team can provide representation at Tribunal for those who have been detained under Section 2 or Section 3 of the Mental Health Act 1983. We can also advise regarding the need for and likelihood of success of any appeal, either before Mental Health Tribunal or the hospital managers concerned.

Post-Treatment Aftercare

Once a patient is discharged back into the community, our team can also provide advice and assistance on post-treatment aftercare in accordance with the Mental Health Act 1983. This includes Community Treatment Orders which are imposed on certain categories of psychiatric in-patients at the point when they are discharged from hospital. The Order is designed to ensure that these patients continue with their treatment when they resume living in the community.

Legal Aid

We provide representation for patients and their nearest relatives at Mental Health Review Tribunals. Free legal Aid is available to cover the cost of the patient’s representation at these Tribunals. We can assist you with this process. Means tested legal help may also be available to provide advice and assistance on legal issues arising in the area of mental health or mental capacity.

 

Contact

We are available 24 hours a day, 365 days a year, to provide advice and representation. Call 01225 400666 or
07778 893836 (outside office hours). Alternatively, you can email us via our online contact facility.