We have been awarded a specialist contract in Mental Health Law by the Legal Aid Agency
Richard Charlton is a recognised leading practitioner in this area of law. He was selected as the first Legal Aid Mental Health Lawyer of the Year in 2004 and has been both Chair (2001 – 2014) and President (2014) of the Mental Health Lawyers Association. He currently convenes the Association’s Court of Protection Subcommittee. One of his recent key cases has resulted in the restoration by the Government of free legal aid for those detained under the Mental Capacity Act. He assesses the quality of other lawyers in this field as a Law Society Assessor for the Mental Health Tribunal Panel and for the Mental Capacity (Welfare) Panels. He has previously been appointed by the Ministry of Justice as a Senior Peer Reviewer in mental health law. He has been listed as a leader in the field in the independent Chambers Law Directory since 2005.
Help for those suffering mental disorder
We represent those who have legal issues arising from suffering mental disorder
We can assist those, and their families, who lose their capacity to make important decisions due to mental disorder, including dementia and impairment. We offer support for people who struggle to make the following decisions because they lack mental capacity.
1
Unable to make financial decisions
2
Unable to make decisions about where to live
3
Unable to decide what financial support is needed.
4
Unable to determine what statutory support is required from local authorities
Mental Capacity Case Studies
We all make decisions, big and small, everyday of our lives. For some, however, due to a lack of mental capacity, these decisions are too difficult to make on their own.
The law says someone lacking capacity cannot do one or more of the following four things:
1
Understand information given to them
2
Retain that information long enough to be able to make a decision
3
Weigh up the information available to make a decision
4
Communicate their decision
Read our case studies to see how we have helped in this particular area of mental health and mental capacity law.
Help for those detained under the Mental Capacity Act who live in care homes
We can advise about the new rights of legal review for those detained under the Mental Capacity Act in care homes.
This legal review would cover either if the detained person, or his or her family were dissatisfied with a care home placement. Legal Aid can be available in such cases.
Help for clients and their families plan for the future inability to make substantial decisions
We can draft a Lasting Power of Attorney to cover property, affairs, health, and welfare decisions
An LPA (Lasting Power of Attorney) gives you more control over what happens to you if can’t make your own decisions and you lack mental capacity either through illness or an accident. It gives those in need the peace of mind that future decisions are made according to their wants and needs.
We can represent those detained under the Mental Health Act and in legal actions against public authorities
Where public authorities have failed to provide statutory support or treatment when needed
Local and Health Authorities have specific duties to support and assess those suffering from mental disorder. Under current financial constrictions many public authorities have been cutting corners and not providing services which match their legal responsibilities.
Public Authorities' Case Studies
Inadequate and reduced services can have devastating effects on those suffering from mental disorders and the families and friends providing care and support.
Cutbacks can hit both those in the community and those placed in residential and care home placements
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 have extensive skill in successfully challenging all such decisions.
