Q: My son has been sectioned following a bit of a breakdown. His family and I are all confused about what happens next. Does he need to get legal advice/representation and if so, where do we go for it and does he have to pay?
A: Being ‘sectioned’ means your son has been detained under the Mental Health Act 1983. This is a legal process and strict legal criteria must be met when a person is detained in hospital. A mental health solicitor can advise your son regarding his detention in hospital, including ways in which this can be challenged. The hospital nursing staff will be able to provide him with a list of solicitors who should be able to advise him.
When a patient contacts a mental health solicitor, the solicitor will usually arrange to visit the patient in hospital as soon as possible. The solicitor will then advise the patient about their detention under the Mental Health Act 1983, the rights they have whilst they are detained in hospital, and also what the hospital staff are able to do, for example whether they can give you medication against your will.
Importantly, if your son wishes to be discharged from hospital, the solicitor will be able to talk him through the ways to appeal against his detention. If he decides to appeal, the solicitor will be able to make an application for him and advise and represent him throughout the whole process.
Advice and representation for a patient detained in hospital is usually free. All costs are covered by the Legal Aid Agency and on most occasions there is no means test necessary. The solicitor will ask your son to sign a Legal Aid form which will enable the solicitor to receive costs for their work, but these are not paid by the patient.
This question has been answered by Natalie Holloway, a Mental Health solicitor with GHP Legal. If you would like to speak to someone about this or any other legal matter, please visit our website www.ghplegal.com and use the contact us form, or call us on: Wrexham 01978 291456, Llangollen 01978 860313, Oswestry 01691 659194