Mental health

Mental Health Services

“One in four people will experience a mental health problem in their lifetime. 62% will know someone with a diagnosed mental illness”.

For this reason it is imperative for one to know their rights. Whether they are a patient or a Nearest Relative

Any legal matter can be potentially confusing and stressful and that is particularly so in the Area of Mental Health. It is therefore more than ever important for patients and their families to have access to professional legal advice of the highest quality given by solicitors who understand the legal complexities involved but also the concerns of patients and their families.

Kimberly Wayne & Diamond Solicitors hold a Franchise in Mental Health Law from the Legal Services Commission enabling work to be undertaken under free public funding. We provide independent FREE Legal Advice and representation throughout England.

We are committed to this work and we have a highly experienced, dedicated and specialist department. We pride ourselves on the expertise we have in Mental Health Law. We aim to combine a professional and efficient service with a sensitive and constructive approach to our clients and their problems.

Mental Health Law

We provide specialist advice, assistance and representation in relation to all aspects of the Mental Health Law [Mental Health Act 1983 as amended by the 2007 Act]. These include:

  • Representation at Mental Health Review Tribunals
  • Provision of advice and assistance at Managers Hearings, Renewal meetings and attendance at CPA meetings.
  • The rights of a detained or voluntary patient
  • Advising the Nearest Relative of their rights and roles
  • Consent to treatment
  • Aftercare provisions
  • Guardianship
  • Commissioning independent psychiatric and Social Circumstances reports
  • Lawfulness of detention and the appropriateness of treatment
  • Challenging the Decisions of Tribunals and Primary Care Trusts by way of Judicial Review Proceedings
  • County Court Proceedings in relation to displacement of nearest relative
  • Human Rights Issues
  • Court of Protection
  • Prisoners requiring transfer to hospital under the Mental Health Act 1983 0r the Criminal Procedure (Insanity and Unfitness to Plead) Act 1991

Lack of Capacity

Mental Capacity Act 2005 [Lack of Capacity Cases]

Our Mental Health specialist team can also assist clients detained in care homes or anywhere on the basis that they lack capacity rather than mental illness. The Mental Capacity Act 2005 gives individuals in such situations an opportunity to seek to review or challenge their continued detention.

We can give you advice and represent you if ultimately an application is submitted to the Court of Protection. We can also advice concerned relatives.Other Services for patients and their families

We also have specialist solicitors in our other departments such as Debt, Housing, Welfare Benefit and Wills who can provide legal services tailored to meet the special problems that mental illness or lack of capacity can involve. We realise that people with mental health problems or their families may have problems with debt, housing and welfare benefits and we can assist with these issues.