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At Biscoes, we understand that dealing with mental health legal issues can be emotionally overwhelming. Our specialist mental health representative provide clear, compassionate and expert legal advice to individuals and families navigating the complex landscape of mental health law.
Whether you or a loved one are detained under the Mental Health Act, facing issues around mental capacity, or seeking support with appeals and tribunals, we offer practical legal solutions tailored to your unique circumstances. Our representatives are here to help safeguard your rights and wellbeing, while working closely with medical professionals, local authorities and care teams.
We support clients across Hampshire, the Isle of Wight and the South Coast, and have extensive experience in representing individuals both in hospital and in the community.
Our mental health legal services include:
If you would like to contact one of our mental health lawyers in Hampshire and the Isle of Wight, please call 02392 660261. Alternatively, please fill out this simple contact form, and we will respond promptly.
Our team of mental health law lawyers are among the most respected in the region. We regularly act for patients detained under the Mental Health Act, providing sensitive and compassionate advice on their rights and options. We also support families and carers, giving them the tools and support that they need to advocate for their loved ones.
Head of Mental Health at Biscoes, India Jefferson-Grant, is a member of the Law Society’s Mental Health Accreditation Scheme. This means that she has been independently examined and accepted by the Law Society as an expert in Mental Health Law and is thus able to represent individuals detained under the Mental Health Act 1983 (as amended) (MHA 1983) before the First-Tier Tribunal (Health, Education and Social Care Chamber). India’s team are all members of the Law Society’s Mental Health Accreditation Scheme and have longstanding experience representing people subject to the MHA 1983, both in and out of hospital.
Biscoes is Lexcel accredited, reflecting our commitment to excellence in legal practice and client care. We are approachable, experienced, and understand the sensitivities involved in mental health cases. You can rely on us to listen without judgment, explain your legal rights clearly, and act swiftly to protect them.
We work collaboratively with psychiatrists, social workers and independent advocates to build strong, well-supported cases. Whether you are applying to a Mental Health Tribunal, disputing a care decision, or seeking community support, we’ll guide you through every step.
We provide support and guidance to clients who are detained in hospital under various sections of the Mental Health Act 1983. This includes Section 2 (assessment), Section 3 (treatment), Section 37 (hospital order) and other provisions affecting liberty and treatment.
Our mental health lawyers explain your rights clearly and ensure those rights are upheld throughout your time in hospital. We can also assist with hospital leave requests, transfers and care planning.
If you have been sectioned, you may be entitled to appeal against your detention in a Mental Health Tribunal. We provide full representation at these hearings, standing by your side and ensuring that your case is presented fairly at minimal distress to you.
We will gather relevant medical evidence, liaise with hospital staff and prepare you for the process. Our aim is to give you the best chance of securing discharge or other changes to your detention, such as transfer to a different hospital.
A CTO allows a patient to be treated in the community under conditions set by the mental health team. We regularly assist individuals with understanding the conditions of their CTO, challenging any breaches, or applying to have it discharged if they have a current right to appeal.
We also support families and carers who have questions about how a CTO is being implemented, ensuring that you feel reassured and in control of the cirucmstances.
Anyone detained under Section 3 of the Mental Health Act is entitled to free aftercare under Section 117. This may include therapy, housing, community support, and more.
We can help you understand what services should be provided, and make sure you have access to the right support systems to help you to recover. Where appropriate, we can bring legal action to enforce your entitlement.
Legal aid is a public fund that helps individuals afford legal support when they may be disadvantaged. Certain criteria must be met, and our solicitors are happy to have an open and honest discussion with you about funding.
We hold a legal aid contract for mental health law, which means we can support qualifying clients at no cost. Our team will assess your eligibility and guide you through the process of applying for public funding.
We are committed to providing accessible legal services and can meet you in hospital, at home or in our offices as required.
Mental health issues affect not only patients but also their families and carers. We provide clear advice and guidance to help families understand their loved one’s rights, navigate hospital systems, and make sure their voices are heard in decision-making processes.
Our lawyers also support carers in ensuring that they are consulted appropriately and provided with the resources they need to continue their vital role.
We provide expert representation in Court of Protection matters for cases involving mental capacity, deprivation of liberty, and best interest decisions. This includes applications for deputyship, disputes about care and treatment, and challenges to local authority or NHS decisions.
Our solicitors understand the sensitive nature of these cases and are committed to ensuring that vulnerable individuals are fully protected and represented.
A deputy is a person appointed by the Court of Protection to make decisions on behalf of someone who lacks mental capacity. Deputies are usually needed where no Lasting Power of Attorney (LPA) is in place and significant decisions are required about a person’s welfare or finances.
Yes, many people are eligible for legal aid in mental health cases, especially where detention under the Mental Health Act is involved. We can assess your eligibility and help with the application.
A CTO allows someone who has been detained under certain sections of the Mental Health Act to leave hospital and receive care in the community. It includes conditions such as taking medication or attending appointments, and failure to comply with resulting deterioration in mental health may result in recall to hospital. Our solicitors can help you to apply for a CTO whilst making sure it gets you access to the support networks available.
Section 117 of the Mental Health Act requires local authorities and NHS bodies to provide free aftercare services to people discharged from hospital under certain sections. These services must meet needs arising from their mental health condition and aim to reduce the risk of readmission. If you feel that you were not appropriately cared for after leaving the hospital, our solicitors can help.
You have the right to be involved in decisions about your care and to refuse treatment in many cases. However, if detained under certain sections of the Mental Health Act, treatment can be given without consent. Our lawyers will help you understand your rights and challenge unlawful treatment.
We can assess the grounds for appeal, prepare your case, gather evidence, and represent you at a Mental Health Tribunal or Hospital Managers’ hearing. We ensure your voice is heard and your rights protected throughout.
A Mental Health Tribunal is an independent panel that reviews a patient’s detention and decides whether it should continue. You can apply for a Tribunal within specific timeframes depending on your section. We handle the entire process for you.
Contact a solicitor immediately. We can review your detention, challenge its legality, and seek your release if appropriate. Unlawful detention may also give rise to compensation claims.
We can intervene if you have been mistreated, denied contact with loved ones, refused appropriate care or medication, or discriminated against. We can raise formal complaints, initiate safeguarding referrals or bring legal proceedings if necessary.
Yes, our solicitors regularly assist with requests for hospital transfers or Section 17 leave. We can make representations to your responsible clinician or apply for a review if such requests are refused without good reason.
If you would like to contact one of our mental health solicitors in Hampshire and the Isle of Wight, please call 02392 660261. Alternatively, please fill out this simple contact form, and we will respond promptly.
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