dDLC Solicitors
dDLC Solicitors
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D
L C Solicitors Ltd Mental
Health Law
Legal HelpD
L C Solicitors Ltd can provide advice and assistance in respect of a range of matters including Mental Health Law,
Family Law, Child Care, Welfare Benefits, Community Care, Education, the
Elderly, Wills, Living Wills, Powers of Attorney, County Court Applications and
Criminal matters. Legal RepresentationD
L C Solicitors Ltd will signpost and direct clients to available public funding
to enable clients to be properly funded for the purposes of representation of patients detained
under the Mental Health Act to cover preparation of their case and representation
at tribunal hearings.
Mental Health LawEvery
patient detained under the Mental Health Act is entitled to apply to a Mental
Health Tribunal once during each period of detention.
The initial period of detention might be for twenty-eight days for
assessment or six months for treatment. Subsequently
detention can be renewed for period of up to one year. Patients
who do not have restrictions on their discharge may also appeal to the Hospital
Managers who may discharge the patient. The
Responsible Medical Officer (Consultant) may also discharge the patient.
The patient’s nearest relative has similar rights to apply for
discharge and to appeal. Some
patients have restrictions on their discharge imposed by the Courts (a Hospital
Order) or because they are transferred to hospital from prison. Patients
detained under a Hospital Order may still apply to the Mental Health Tribunal.
The Tribunal may order the patients absolute or conditional discharge.
Conditional discharge means that the patient can be recalled to the
hospital by the Home Office. Patients
with restrictions imposed on their discharge cannot be discharged by the
Responsible Medical Officer. Prisoners
who are transferred to hospital during their prison sentence have similar rights
to apply to a Mental Health Tribunal, however in this case the Tribunal only has
the power to decide whether or not to recommend a return to prison unless the
prisoner is entitled to be considered for parole or licence in which case
absolute or conditional discharge or transfer can be recommended. Mental Health TribunalsPatients
detained under the Mental Health Act are entitled to apply for a Mental Health
Tribunal to review the necessity of the patient’s detention under the Mental
Health Act. Before
the Tribunal if there is time to do so D L C Solicitors will usually seek to
obtain an independent report to assist the patient.
The independent expert will need to interview the patient and examine the
medical notes to prepare a report. The
Mental Health Tribunal has three members. The
President of the Tribunal is a Lawyer or Judge.
The Medical member will usually be a Consultant Psychiatrist and the Lay
member will be neither a Lawyer nor a Doctor but will have an interest in Mental
Health matters. Tribunal
hearings are conducted in an informal manner however they usually hear evidence
from each of the witnesses in turn. The
Consultant (the Respondent Medical Officer) will normally attend to given
evidence and sometimes a Social Worker or Nurse or Psychologist will attend. The
patient may of course give evidence as can, if the patient wishes, members of
the patient’s family or close friends. The
Mental Health Tribunal is completely independent of the hospital and has the
power amongst other things to discharge the patient from liability to be
detained in the hospital. The
Tribunal may also make recommendations to the responsible authority relating to
the patient’s detention. If
you are detained under the Mental Health Act, D L C Solicitors can advise you. Whilst we endeavor never to decline any request to represent anyone at a Mental Health Tribunal we will always signpost clients towards available public funding. Advice
can also be provided in respect of related matters such as Welfare Benefits,
Community Care, Education, Child Care, the Elderly, Wills, Living Wills, Powers
of Attorney, County Court Applications and Criminal matters. D L C Solicitors Ltd.
38 Railway Road Darwen
BB3 2RJ DX18009 Tel:
01254 761234 Fax:
01254 760929 Freecall:
0800 096 7612 Email: info@dlcsolicitors.co.uk
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