Our expert team of solicitors can provide you with specialist legal advice and representation

Established as a niche provider we specialise in mental health and mental capacity law.

Mental Health Law

Our Mental Health solicitors advise clients who are liable to be detained under the Mental Health Act 1983. We represent clients at First-tier Tribunal hearings, in the Upper Tribunal, the High Court, the County Court and at Hospital Managers’ hearings.

We hold a contract with the Legal Aid Agency to provide mental health law services across the South & South East, South West & Midlands and East. In certain circumstances we can offer advice, assistance and representation to clients outside of these areas.

Mental Health solicitors have expertise in all areas of mental health law, including:
- Civil and forensic sections of the Mental Health Act
- Appeals against decisions of the First-tier Tribunal (Mental Health)
- Mental disorders affecting older people
- Mental disorders affecting adolescents
- Section 117 discharge care planning
- Human rights issues

Funding for Mental Health work is undertaken on a public funding (Legal Aid) basis subject to eligibility criteria being met. Representation before the First-tier Tribunal (Mental Health) is non means tested.

Mental Capacity Law

The Mental Capacity Act 2005 provides the statutory framework for acting and making decisions on behalf of individuals who lack the mental capacity to make decisions for themselves. The general aim is to strike a balance between respect for individual autonomy and the need to protect the vulnerable.

The Mental Capacity Act 2005 is likely to touch the lives of many, because at some point, either you or someone you know will be affected by a lack of capacity to make a decision relating to everyday life.

A person must be assumed to have capacity unless it is established that the person lacks capacity. The question of whether someone has capacity is not always straightforward as it is issue and time specific and can fluctuate. Sometimes, loss of mental capacity is temporary, but it can be permanent.

Capacity matters are dealt with in the Court of Protection. This court has jurisdiction to make orders for persons who are deemed to lack capacity in the following areas: Property and Affairs; Residence and Care; Advance Decisions and Deprivation of Liberty matters.

At Abbotstone Law, we are fully aware of the sensitivity attached to mental capacity cases. We can help those people who lack capacity or their family members or those acting as litigation friend. We offer private and confidential legal advice and assistance by mental capacity experts in relation to all cases where a person is deemed to lack capacity.