What We Do and Where we do it
Most
unusually, our entire practice specializes solely in mental health and
incapacity law. We do not do anything else. Because we believe in
putting people first, we understand the need for approaching each
client as an individual. Nowhere is this more important than in our
area of work. Our team of Mental Health Law specialists has wide
experience in applying a deep understanding of the law to the lives of
our clients.
We appreciate the impact of mental health difficulties and
learning disabilities on those affected directly and on their
relatives, friends and carers. We provide a specialist legal service to
clients at what are often distressing and traumatic periods of their
lives. We take a holistic approach to our mental health clients and
refer any client that requires assistance in respect of, for example, family or
crime to other specialist firms. We can offer expert
advice to mentally disordered defendants in the criminal justice system.
We offer expert advice in the following:
- Representation at Mental Health Tribunals
- Representation at Mental Health Reiew Tribunals in Wales
- Advice and assistance at Hospital Managers Hearings
- Advising detained patients and/or families/carers about their rights
- Appeals to Upper Tier Tribunals
- Advice on after care in the community
- s.117 and the right to free aftercare services
- Advice and representation in incapacity cases
- Best interest and deprivatoin of liberty applications to the Court of Protection
- Lasting Power of Attorney
- Managing finances as Court appointed deputies
- Inquests relating to deaths of mental patients
Extensive geographical coverage
Our specialist mental health team represents clients detained in hospitals throughout the North West, North Wales, Lancashire, Cumbria, Greater Manchester, Rampton, Cheshire, Staffordshire and the West Midlands where Baljit Sidhu is based.
We also have a solicitor(Catherine Pease) based in Hertfordshire covering the Greater London and Broadmoor areas.
We can represent any patient detained by the Criminal
Courts in medium and high secure hospitals as well as patients on civil
sections (Section 2 and Section 3) Guardianship and Community Treatment Orders. We also
advise prisoners who have mental health problems in hospitals.
If you require further information regarding our services please do not hesitate to contact a member of the team.
Liz Mclelland Solicitor writes:
With all the uncertainties surrounding the future of legal aid, mental health solicitors don’t have much to celebrate at the moment. However today I remembered why I enjoy practicing in this area of law.
My client, James Bond , is detained under s.37/41 after being recalled to hospital in early December 2010. His case is not one that is likely to be reported in any legal case journals but raises a number of issues common to many of my detained clients.
The afternoon did not start well. The Tribunal had sent a clerk (these days quite rare), but unfortunately had not provided him with any papers. He reassured me that there were no new reports, so, having already taken instructions, I believed we were ready for a prompt 2.30pm start. It was only when the RC arrived at 2.30pm that we established there were updated reports from all three members of the care team. The Tribunal’s creaking administrative service had sent copies to the Tribunal Panel, but not to us (or apparently their own clerk!). After much frantic reading, taking instructions, and making submissions about notification of the Ministry of Justice, the hearing started half an hour late.
At a glance, Mr Bond’s case was weak. His application is for a conditional discharge, but he is currently on a PICU (psychiatric intensive care unit) and only has escorted leave. As none of the care team support Mr Bond’s application, he has no supported placement and no care package identified. Mr Bond agrees he needs both. He has been in hospital now 8 months and his care team have decided he needs to go to a LSU (low secure unit) for rehabilitation. He has been on the waiting list for some time and has been told a bed may be available in in a couple of months.
Mr Bond and his care team all agree that he suffers from paranoid schizophrenia and that he is currently asymptomatic. In fact he has been well (yes, WELL) pretty much since he was recalled. The reason the care team want Mr Bond to remain detained is the NATURE of his illness. He has been recalled to hospital twice in the last 2 years. The Responsible Clinician wants Mr Bond to go to an LSU to receive further treatment focusing on his self care, his anger management and his drug use. Mr Bond is happy to do these things but wants to do them in the community.
The care team give evidence first. (The RC goes first and then leaves the hearing). They portray Mr Bond as someone who has difficulty controlling his temper and has assaulted other patients during this admission. However, none of the team present at the hearing had any contact with Mr Bond in the community. They accept there is no evidence of aggression in the community in the last decade.
I ask why Mr Bond hasn’t been assessed for a private LSU placement given the length of time he has been on the waiting list. The care team say they don’t know. I do, funding. I put this to them, and am informed that until a bed becomes available on the NHS LSU, Mr Bond is appropriately placed on the PICU.
The Tribunal then ask me to sum up Mr Bond’s case without him having given any evidence. This is clearly an accidental oversight (it’s been a long afternoon), and Mr Bond, followed by his girlfriend, give detailed evidence, painting a different picture.
James Bond explains the frustrations of being on a PICU when you are WELL:
• He describes having hot food tipped over him by another patient; having multiple items taken by another patient (who is dementing and oblivious to what she is doing); and being woken up repeatedly by another patient.
• Mr Bond’s ‘smoking plan’ only allows him to have 1 cigarette (in the PICU garden) every 3 hours, although this is an improvement on the open ward. The open wards are on the first floor and as such have no gardens. The 2 open wards have different policies on smoking, one ward allows patients to smoke when they are on escorted leave with staff, the other ward doesn’t!
• Mr Bond is currently granted 2 periods of 20 minutes escorted leave per day. He hasn’t been out at all this week (today is Wednesday) as the PICU are short staffed. This is not unusual.
• Mr Bond cannot access the psychology work the care team want him to do whilst on the PICU as they have no psychologist.
• The LSU is over 40 miles away and, due to their circumstances, his family and girlfriend would not be able to visit him there.
• Mr Bond is supported by his girlfriend and looks forward to her visits. When he becomes agitated (usually due to the above frustrations) her visits are stopped by the care team.
Mr Bond accepts that he loses his temper on the ward because of the above frustrations, but that in the community he is happy. He can spend time with his girlfriend and get on with life. He also agrees that he needs a full care package with clear conditions to help him stay on track.
The Panel consider Mr Bond’s case. The atmosphere as we wait in the corridor outside is far from tense. Mr Bond is enjoying his first unescorted time with his girlfriend in months!
We are finally called in to receive the decision and Mr Bond is granted a deferred conditional discharge!
I have heard client’s give evidence about the frustrations of ward life at so many hearings. When summing up, I often make submissions about the nontherapeutic aspects of the ward environment. Rarely does it seem to have any impact on the outcome of the hearing. Perhaps this is as it should be, but it can only be a good thing for the care team and the Tribunal to have to hear first hand what ward life is really like.
I have no doubt that James Bond’s own evidence is what persuaded the Panel to decide in his favour, but I do believe he wouldn’t have been able to give (all of) that evidence if I hadn’t been there. Now and again it’s good to be reminded of the value of what we experienced mental health solicitors do.