Specialists in mental health and mental capacity law

Duties of Public Authorities'

Local and Health Authorities' have specific duties to support and assess those suffering from mental disorder. This includes those who are known to suffer mental illness and mental impairment; as well as those who lack capacity to make decisions. These duties are particularly strong and clear for those who have previously been detained under the Mental Health Act, or for those said to be at risk under the Social Care Act. Under current financial constrictions many public authorities have been cutting corners and not providing services which match their legal responsibilities. These cutbacks can hit both those in the community and those placed in residential and care home placements. Inadequate and reduced services can have devastating effects on those suffering from mental disorders and the families and friends providing care and support. We also have experience in other areas, and can assist with prisoners with mental disorders inappropriately detained in prison, rather than being in secure hospital receiving the treatment they need.

We have extensive skill in successfully challenging all such decisions.

We can:

  1. Represent clients to obtain the full needs assessments that they require.
  2. Represent clients to resist moves by Local Authorities' to transfer clients to less supported accommodation to save money.
  3. Challenge public authority decisions not to provide an adequate, and lawful, level of support to those suffering from mental disorder in the community; or in any other institution where they are residing. Especially if they have previously been detained under the Mental Health Act.
  4. If appropriate, make applications to the High Court for judicial review of the lawfulness of the Authorities’ decision.
  5. Represent clients under Legal Aid in such cases if their financial assets meet the necessary criteria.

We may be able to provide home visiting to those unable to visit our offices.

Wherever clients qualify for legal aid we will offer representation under the legal aid scheme, which can be free, without contribution in certain circumstances. Where legal aid is not possible we will offer privately funded representation, which will be competitively priced, and on occasions by previously agreed fixed fee.