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Mental Health Law

Donovan Newton Solicitors have been representing clients who are detained under the Mental Health Act 1983 (as amended) since 2003.

Our specialist mental health solicitors can provide expert advice, assistance and representation to patients and their relatives in relation to all aspects of the Mental Health Act 1983 (as amended) (MHA 1983).

We are able to assist in the following ways:-

  • Representation at Mental Health Tribunals;
  • Appealing decisions by the Mental Health Tribunal to the Upper Tier Tribunal when there are valid grounds to do so;
  • Representation at Hospital Managers' reviews;
  • Assistance at Section 117 and Care Programme Approach (CPA) meetings;
  • Advice and assistance regarding Section 117 aftercare;
  • Advice on issues surrounding diagnosis and treatment, including obtaining an expert second opinion; and,
  • Advice for Nearest Relatives on their rights, including advice on nearest relative displacement proceedings.

We advise and represent clients who are detained under or subject to the following sections:

  • Section 2 – Detention for assessment and treatment
  • Section 3 – Detention for treatment
  • Section 7 – Guardianship
  • Section 17A – Community Treatment Orders
  • Section 37 – Hospital Orders
  • Section 38 – Interim Hospital Orders
  • Section 37/41 – Hospital Orders with restrictions
  • Section 45A – Hybrid Order
  • Section 47 – Transferred prisoners
  • Section 47/49 – Transferred prisoners with restrictions
  • Section 48/49 – Transferred remand prisoners with restrictions

We hold a contract with the Legal Aid Agency to provide mental health law advice and representation across the Midlands and East of England. Non means tested legal aid is available for clients who need representation before the Mental Health Tribunal. Dependent upon a means assessment, legal aid may be available for advice and assistance about other mental health matters.

Our solicitors are members of the Law Society’s Mental Health Accreditation Scheme, having been independently assessed as having the required expertise and experience in mental health law.

If you or someone you know would like our help, then please either telephone one of our offices or drop us a message using the contact form and one of our team will get in touch shortly.

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