Q: I am seeking advice on behalf of an elderly neighbour whose husband has not been well for some time. I suspect part of the problem is that he has not been taking his medication but has kept this fact from his wife and his doctor. Things came to a head last week when there was an ‘incident’ and it ended up with him being ‘sectioned’. His poor wife is beside herself with worry about what will happen next. Her husband seems to be ‘out of it’ and she doesn’t seem to be able to find out. I suggested she or her husband needs to get help from a mental health solicitor but she is terrified they won’t be able to afford it. Is there any way to get advice and help for free?
A: ‘Being sectioned’ under the Mental Health Act 1983 is a legal process. A mental health solicitor can advise a patient regarding their detention in hospital and ways in which this can be challenged. Advice and representation for a patient detained in hospital under the Act is usually free. All costs are covered by the Legal Aid Agency and on most occasions there is no means test necessary. Nursing staff at the hospital can provide a list of local mental health solicitors.
When a patient contacts a mental health solicitor, the solicitor will usually arrange to visit the patient as soon as possible and will advise them about their detention, their rights whilst they are in hospital and what the hospital staff are able to do - for example, whether the hospital can give you medication against your will. Importantly, if you wish to be discharged from hospital the solicitor will be able to talk you through ways to appeal against your detention, or if you wish to appeal the solicitor can make an application on your behalf and advise and represent you throughout the whole process.
This question has been answered by Natalie Holloway, a 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
