Mental Health/Mental Capacity
Our clients are patients, family members and carers throughout London, the southeast and beyond. We pride ourselves on the expertise we have developed in Mental Health Law and our aim is to combine a professional and efficient service with a sensitive and constructive approach to our clients and their problems.
We provide specialist advice, assistance and representation in relation to all aspects of Mental Health and Mental Capacity Law. These include:-
- Representation at Mental Health Review Tribunals (where appropriate obtaining independent opinions, liaising with doctors, social workers, community mental health teams)
- Hospital Managers' Reviews
- Nearest Relative Displacement in the County Court
- Mental Capacity Act 2005 proceedings
- The rights of a detained or voluntary patient
- The rights of the Nearest Relative
- Aftercare provision
- Consent to treatment
- Community Treatment Orders
- Guardianship
- Prisoners requiring transfer to hospital under the Mental Health Act 1983 or the Criminal Procedure (Insanity and Unfitness to Plead) Act 1991
- Human Rights Act issues
- Judicial Review
- Declaratory Relief proceedings in the High Court
- Lasting Powers fof Attorney
Cases we have been involved in include
- R v Canons Park MHRT ex p A [1995] QB 60
- R (C) v South London and Maudsley NHS Trust and MHRT [2003]EWCH 3467 (Admin)
- R (WC) v (1) South London and Maudsley NHS Trust (2) David Orekeye [2001] EWHC 1025 (Admin)
- R (M) v Mental Health Review Tribunal [2005] EWHC 279 (Admin)
- RH v South London and Maudsley NHS Foundation Trust (2010) EWCA Civ 1273
- CV v South London and Maudsley NHS Foundation Trust (2010) EWHC 742 (Admin)
- TTM v LB Hackney (2011) EWCA Civ 4
- http://www.wikimentalhealth.co.uk/M_v_East_London_NHS_Foundation
Free legal advice is available and we will always advise you as to your eligibility for legal aid. We encourage clients to instruct us on a legal aid basis whenever it is available.
Our Mental Health Solicitors are:
Frances Rattray, Email frances.rattray@steelandshamash.co.uk
Rebecca Ellison, Email rebecca.ellison@steelandshamsh.co.uk