Mental Health Act
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If someone is detained in hospital under the Mental Health Act or placed in Guardianship in the community or under a Community Treatment Order, they are entitled to free, non means-tested, legal advice.
We have prepared a guide to the Mental Health Act 1983 but we would be happy to give free guidance if you need it.
We guarantee to attend a client in hospital within 24 working hours of a call, although we regularly can attend within a few hours. The work is carried out by fully qualified lawyers John O'Donnell, Peter Roberts and Philippa Curran, who are all Solicitors and members of the Law Society Specialist MHRT Panel. Unlike many other firms, we do not send clerks, secretaries or other unqualified people to deal with detained patients in hospital.
Cumbria
John has a base in Bowness-on-Windermere from which he covers all the hospitals in Cumbria, namely West Cumberland General in Whitehaven, Westmorland General in Kendal, the Carleton Clinic in Carlisle and the Dova Unit in Barrow.
Mental Incapacity
We can help with Lasting Powers of Attorney and Court of Protection issues, including Depivation of Liberty Safeguards.
Our Staff
We guarantee that only a fully qualified lawyer, recognised as a specialist by the Law Society, deals with mental health law. Unlike many firms, we do not send secretaries or unqualified staff to deal with patients detained in hospital. The poor quality of representation before Mental Health Tribunals has been criticised by Judges. You will not have that problem with us.
Many firms concentrate on wills/probate and this leads them into Lasting Powers of Attorney and welfare decisions of the Court of Protection. They do not get involved in deprivation of liberty ( this link takes you to a review of Cheshire West in which we act ) issues on a regular basis and have no experience of hospital detention. We have the skills to help a patient throughout the range of issues so that for example, if a patient was detained under Section 3 but needed help with an Advance Directive or a finance LPA we can help if they have capacity or make an application to the Court of Protection if not.
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| John O'Donnell | Peter Roberts | Philippa Curran | Christine Makinson | Laura Wilson |
In Mental Health cases, we usually see patients and their relatives at hospital or in the office if they prefer. Evening and weekend appointments can be arranged.
Mental Health Act
We have created a brief outline of the position under the 1983 Mental Health Act. It is for information only and not intended as a do-it-your-self guide. Specific circumstances require specific advice from a lawyer. Extensive changes have been made since the Mental Health Act 2007 came into force.
Information Sheets
| Title | Date |
| Defining Liberty by John O'Donnell (Solicitors Journal 14 February 2012 Vol 156 No 6) | 20/02/2012 |
| Mental Health Research UK | 20/02/2012 |
| SoS Justice v RB (2011) Court of Appeal | 10/01/2012 |
| DOLS are they working? | 03/12/2011 |
| Chesire West and Chester Council V P & M (2011) EWCA Civ 1257 | 09/11/2011 |
| Community Care Budgets | 16/10/2011 |
| Statutory Referrals | 26/09/2011 |
| What amounts to a Deprivation of Liberty? | 19/06/2011 |
| Mental Health Act Summary | 27/05/2011 |
| What are my rights if i suffer from a mental illness? | 14/05/2011 |
| Revocation of Community Treatment Orders | 07/05/2011 |
| Deprivation of Liberty & Conditional Discharge | 19/01/2011 |
| Mental Health Act vs DOLS | 22/06/2010 |