Mental health lawyers

We have a dedicated team of mental health law specialists who cater to a broad range of clients across the country. Our team comprises of individuals with unrivalled knowledge and expertise of the sector, including a mental health tribunal judge and part-time coroners.

We are quick to respond to any problems that our clients need assistance with. We are known for our high quality, pragmatic advice that is tailored to our client’s specific needs.

We strive to provide our clients with the best possible service and support and our team of experts is always on hand to provide guidance and assistance whenever it is needed – including out of hours if required.

We provide expert advice and representation to both NHS and independent providers of mental healthcare services. Our team has extensive experience of working with some of the largest and most prominent mental health providers in the country.

We also act for mental health commissioners and local authorities.

Our team of specialist lawyers provide comprehensive advice and assistance on all aspects of mental health law. We offer guidance on the interpretation and application of the Mental Health Act to ensure that healthcare providers are complying with its provisions when detaining and treating patients with mental health issues. Our expertise extends to both adults and children with mental health needs, as well as restricted patients. We can also provide advice on defending claims for unlawful detention.

There is often a need to assess a mental health patient’s capacity to make decisions about their care and treatment. The Mental Capacity Act provides the legal framework for assessing capacity and making decisions on behalf of individuals who lack capacity to make decisions themselves. Our lawyers specialise in both mental health and mental capacity law and can provide valuable advice on how these laws operate and interact. We can offer guidance to healthcare providers on assessing capacity for various different decisions, and how to document assessments and best interests decisions effectively.

We also advise on deprivation of liberty and safeguarding issues.

We understand that inquests into the deaths of mental health patients can be challenging and difficult for all parties involved. Such inquests often take place before a jury and engage Article 2 of the European Convention on Human Rights, making them even more complex.

Our team of lawyers provide comprehensive advice and support to healthcare providers involved in inquests concerning mental health patients. We advise on evidence, risk, likely outcomes and any reputational damage. We are committed to supporting staff who are required to give evidence, by assisting them in preparing their witness statements and providing them with a clear understanding of the inquest process. This ensures they are well-prepared and less anxious when they go into court.

In addition, we can help healthcare providers to develop organisational learning strategies to improve patient safety and mitigate Prevention of Future Deaths reports.

The mental health tribunals in England and Wales are responsible for hearing applications and references concerning both restricted and unrestricted mental health patients. They have jurisdiction to determine whether patients can be released from detention under the Mental Health Act. In preparation for the hearing, written reports from the patient’s treating team must be prepared, and clinicians and care staff may be required to give evidence at the hearing.

Our specialist team, which includes a First-tier Tribunal Judge, is well-equipped to provide healthcare providers with comprehensive advice on all aspects related to mental health tribunals. We offer guidance on tribunal powers and remit, provide assistance with tribunal rules and procedures, and offer representation and advocacy at tribunal hearings if required. Additionally, we can provide advice and representation in relation to appeals to the Upper Tribunal.

Having well-defined policies and procedures in place for mental health treatment is essential for healthcare providers. It ensures that patients receive high-quality care, are better protected, and that the provider is compliant with relevant laws and guidance.

Our team of mental health lawyers can assist healthcare providers in developing comprehensive and clear policies on a wide range of topics, including but not limited to, information for patients and carers, informal patients, leave from hospital, restrictive interventions, use of mobile phones and computer devices, and visiting patients in the hospital. We will ensure that these policies comply with legal requirements and best practices. We can also review and advise on existing organisational policies to ensure that they are up-to-date and compliant with the latest guidance and legislation.

We offer comprehensive training to staff who are involved in the care and treatment of mental health patients, including psychiatrists, mental health nurses, approved mental health practitioners and hospital managers.

We understand that different staff groups can have unique requirements, and we therefore offer bespoke training packages that can be delivered either virtually or in-person. Our lawyers are highly experienced and have a friendly, down-to-earth style that makes learning enjoyable and engaging.

We also run a mock inquest training course, which is essential for clinicians and healthcare professionals seeking to understand the inquest process. The course is delivered virtually by legal experts over the course of six separate sessions. It covers the entire inquest process – from reporting deaths and certification through to writing reports for the coroner and giving oral evidence in court. Module 4 on this course specifically deals with inquests in a mental health setting.

Browne Jacobson runs a regular Shared Insights forum, which is designed for those working within NHS organisations, local authorities, independent health and social care providers and those specialising in mental health. Each session is an hour long, delivered via MS Teams and focusses on a pressing issue or sector challenge. The forum is chaired by a Browne Jacobson lawyer and features a panel of guest speakers.

Our previous sessions have covered a range of key issues that impact upon the mental health sector, such as the challenges caused by disordered eating in education, health and social care settings, inquests in relation to deaths in custody and the Patient Safety Incident Response Framework.

To find out more about Shared Insights and to join a future session, please visit our Shared Insights hub.