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Court of Protection, Healthcare and Mental Health

Mental Health

Bindmans is recognised as a leader in the complex and demanding area of mental health law and is known for its commitment to the rights of detained patients, their families, and carers.

Our specialist mental health lawyers are available to advise mental health patients, their family members, and carers on all aspects of access to treatment and challenging detention in hospital. We combine sensitivity to patients’ needs with a determination to ensure their interests are protected and their wishes taken into account.

We are based in London but act for clients across the country, including in high secure hospitals. Our mental health lawyers act for individuals and for national and local organisations. We also advise charities representing the interests of mental health patients and assist in bringing test cases or intervening in litigation to extend patients’ rights and clarify the law in this area.

Our expert team of mental health lawyers can help with the following:

  • Representation of patients and family members at Mental Health Tribunal hearings, Hospital Managers Hearings, Care Programme Approach Meetings and Section 117 Aftercare Planning Meetings
  • Advising on access to section 117 aftercare and specialist treatment in the community
  • Challenging aftercare and treatment decisions by way of Judicial Review
  • Advising and representing patients in relation to Human Rights Act and false imprisonment claims where individuals’ rights have been infringed
  • Securing mental health support for migrants and asylum seekers

Bindmans has a commitment to civil liberties and human rights work stretching back over 30 years. Questions of civil liberties and human rights lie at the core of mental health work and the Human Rights Act has been used consistently by our team to make sure that mental health clients’ interests are safeguarded.

Our experienced team of specialised lawyers is among the best in the country in repeatedly pushing the boundaries of the law on behalf of those with mental health issues and disabilities. We can also draw on the expertise of our colleagues in other fields of law to provide a seamless service which meets all our clients’ needs.

If you would like to make an enquiry you can email the team here.

Experience

Our services include the following:

  • Representing patients at first and second-tier tribunal hearings to challenge their detention under the Mental Health Act
  • Acting for patients and Nearest Relatives in displacement proceedings
  • Challenging treatment decisions
  • Acting for clients in prison and in immigration detention who wish to be transferred to a mental health hospital
  • Challenging decisions made by the Ministry of Justice and by health trusts, including refusals to grant leave from hospital
  • Advising and assisting families of those who have died in psychiatric care in respect of NHS Trust investigations and the Coroner’s inquest
  • Advising on the lawfulness of the closure of residential homes and day centres.
Recognition

Bindmans were very knowledgeable, motivated and invested in our case. Their communication is good, and all staff were empathetic and driven to fight for our interests.

Chambers and Partners 2024 – Mental Health: Patients client

Highly respected team proficient in handling the full range of health and welfare cases, with a strong emphasis on matters involving human rights issues. Routinely sought out for representation in complex and sensitive matters, including serious medical treatment, mental health and mental capacity cases.

Chambers and Partners: Mental Health

Meet the team

Yufei Cui
Caseworker

Public Law | Mental Health

Laura Hobey-Hamsher
Partner

Public Law and Human Rights

Karen May
Partner

Head of Education Law

Paul Ridge
Partner

Public Law and Human Rights

Emma Varley
Associate

Public Law and Human Rights

Will Whitaker
Associate

Public Law and Human Rights

Paradise Bidkalameh
Solicitor

Public Law and Human Rights

Georgina Byrne
Solicitor

Public law and Human Rights

Verity Cannell
Solicitor

Public Law and Human Rights

Emma Pein
Solicitor

Public Law and Housing

Caroline Robinson
Solicitor

Public Law and Human Rights

Basmah Sahib
Solicitor

Public Law and Human Rights

Ellie Crowther
Trainee Solicitor

Public Law and Human Rights

How can we help you?

We are here to help. If you have any questions for us, please get in touch below.