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Court of Protection
GUIDE TO MENTAL HEALTH LAW
Mental Health issues will affect many of us, or our
families, at some time. A small number will suffer the
distressing experience of themselves or a family member being
detained in hospital. We can advise on how to challenge
detention, and about other aspects of care both in hospital
and in the community.
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DETENTION IN HOSPITAL
Under the Mental Health Act someone can be detained in
hospital and treated without his or her consent (often called
"sectioning").
We can advise how concerned relatives can initiate this
process. We can check whether the procedure has been carried
out correctly and challenge it if appropriate.
Once a patient is detained in hospital they can apply for a
Mental Health Review Tribunal to appeal against being
sectioned. We can advise and represent them; detained patients
will almost always be entitled to legal aid. The patient can
also apply to the hospital managers for discharge, and we can
assist with this process.
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NEAREST RELATIVES
The patient's nearest relative has a limited power to
discharge the patient, and can also apply him or herself for a
tribunal to examine the patient's case. Once again we can
advise and assist.
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CARE IN THE COMMUNITY
We can advise and assist on a variety of issues that may
arise from psychiatric treatment outside hospital, whether
voluntary or under a degree of compulsion. Free advice will be
subject to your financial position, but we will not charge
anything to assess whether you are eligible.
People with mental illness, and their carers, often face a
variety of difficulties in accessing services. Please contact
us to find out if we can assist.
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