Mental Health Law

HAB’s specialist Mental Health team understand the complexities and issues involved in mental health cases and that this can be a distressing time for those affected. That’s why we offer a fully focused, compassionate approach to your case to ensure that wishes are heard and understood and your legal rights are met.

Why choose HAB Law?

Here at HAB we understand and care about protecting the legal rights of vulnerable individuals and the wellbeing of you or your loved one comes first. Our specialist lawyers are members of the Law Society’s Mental Health Accreditation Scheme, which means they have been independently accredited as specialists in Mental Health.

This means that you will benefit from trusted advice and representation that empowers you to face mental health disputes with a strong legal backing.

What is the Mental Health Act?

The Mental Health Act outlines when a local authority and health authority can detain you without your permission.

Fundamentally, the Mental Health Act is there to protect the person who is sectioned. However, should you or your family disagree with your being detained, you are within your rights to challenge and object to this. We can provide expert legal assistance in doing this.

What can we help with?

Our expert team can help you with any matter relating to the Mental Health Act, but specifically:
  • Section 2 detention for assessment and treatment
  • Section 3 detention for treatment
  • Section 7 guardianship
  • Section 17A Community Treatment Orders
  • Section 37 hospital order
  • Section 41 restriction order
  • Section 47/49 restriction direction
  • Sections 38, 41(5) Notional Hospital Order, 45A and 48
  • Representation at the Mental Health Tribunal and Hospital Managers Hearings
  • Advising Nearest Relative’s and displacement proceedings

What do our services include?

  • Investigating your detention in hospital, ensuring that it is properly authorised by law and that procedures prescribed by law are followed.
  • Ensuring you aren’t forcibly medicated against your wishes unless proper legal procedures are followed.
  • Checking the boundaries set by the detaining authority on you are proportionate.
  • Safeguarding that you are treated in accordance with Mental Health Law whilst in seclusion and that your human rights are respected at all times.
  • Ensuring your detention will not go beyond the time limit set by the law.
  • Advising your family, or those with legal responsibility for your care, of their rights under the Mental Health Act.
  • Making sure that the Independent Mental Health Tribunal reviews your detention thoroughly.
  • Ensuring that the detaining authority is accountable for its decision regarding your care and detention.
  • Checking that your needs in the community are properly assessed and provided for by the local authority.
  • For those seeking psychiatric help, making sure you have access to the care and treatment you require.
  • For those subject to a Community Treatment Order, ensuring that the conditions are appropriate, necessary and proportionate

Contact us now to get the help you need