Mental health & capacity
- Deprivation of liberty and The Court of Protection
- Health and welfare decisions at the Court of Protection
- Representation at mental health tribunals
Get in Touch
Mental health & capacity
One in four of us will encounter some form of mental health problem during our lifetime, either personally or because we know someone who is affected. Difficulties can include securing treatment and support for individuals suffering from mental disorders, seeking their discharge once sufficient care has been given, or assisting individuals who do not have capacity to make decisions about their health, welfare and finances.
Our expert mental health lawyers have a leading reputation in the field of mental health and mental capacity law and success in securing appropriate care, challenging detentions (whether unlawful or unwanted), and bringing High Court actions for judicial review.
The Court of Protection team at Miles and Partners is recognised in the 2021 Legal 500, as ‘an expert team with a well-earned reputation in the field. Well organised, client focused and a pleasure to work with.’
In the Chambers UK 2021 Guide, the department was ranked in Band 2 and recognised as ‘a committed team who truly wish to help the most vulnerable in society.’ It was also noted that ‘they are very conscientious and thorough in their approach.’
We advise on:
- health and welfare decisions at the Court of Protection, including Deprivation of Liberty Safeguards;
- representation at mental health tribunals;
- transfer to a more appropriate hospital or care home;
- judicial review to challenge the State’s decisions regarding care and treatment;
- challenging unlawful detentions; and
- obtaining support which should be available in the community.
We offer the same high level of care, compassion and sensitivity whether you are seeking advice about your own rights and entitlements or those of someone you care for, and we work closely with other legal departments and professionals to provide a holistic service.
Funding for legal advice or representation
We always consider whether you might be entitled to legal aid, which is most likely in cases at the Court of Protection and Mental Health Tribunal.
Once we understand your circumstances, we will advise what funding might be available and discuss which payment options might work best for you.