Mental health

The Mental Health Act is complex legislation. We can help you interpret and apply it to a variety of situations and work out how it interacts with other legislation.

We help our clients make the right judgment in high pressure situations – from consent and withdrawal of treatment to deprivation of liberty and inquests.

Our clients, ranging from NHS providers and commissioners to independent sector providers, use our support as they design services and draft policies to meet their goals.

Our team support mental health providers and commissioners on the application of the MHA. From general wards to high secure hospitals and everything in between, we frequently advise on high profile and sensitive cases relating to patients detained under the MHA.

We help our clients in both the public and independent sector make the right judgment and deliver high quality care to their patients. Our clients are often dealing with complex patients in high-risk arenas, so our support extends to investigations (both internal and independent), inquests and risk management training.

Our experience

Our experience covers a wide range of areas relating to mental health patients including:

Review of section papers
Advice on nearest relatives
Section 17 leave
Community Treatment Orders
Cross border issues
Informal patients
Independent Mental Capacity Advocates
Treatment under Part IV
Place of safety
The application of section 63 Mental Health Act, in particular the overlap between the Mental Health Act and Mental Capacity Act
Preparation for and advocacy at Tribunals
Judicial reviews
Human Rights Act
Codes of Practice to Mental Health Act, Mental Capacity Act and Liberty Protection Safeguards
Review of policies, procedures and protocols
Section 117 aftercare
Inquests
Serious Incident Investigations
Independent Investigations
Information Governance issues

What our clients say about us

“The firm has a good variety of expertise. The team always responds on the day of request and delivers on the timescale agreed.”

Chambers UK 2024

“Experts in their field who have helped us do the right thing... Mills & Reeve is the best firm I have worked with.”

Executive Director, Forensic Services

Nottinghamshire Healthcare NHS Foundation Trust

Our clients

Nottinghamshire Healthcare NHS Foundation Trust
Coventry and Warwickshire NHS Partnership Trust
Black Country NHS Foundation Trust
South West London and St George’s NHS Trust
Cambridgeshire and Peterborough NHS Foundation Trust
Elysium Healthcare
Mersey Care NHS Foundation Trust

Our lawyers

We've been advising clients on the MHA for many years. You'll have access to lawyers who have advocated in First Tier Tribunals (Mental Health), defended judicial reviews and dealt with cases in both the Court of Protection and the Inherent Jurisdiction of the High Court.