Legal Aid

Mental Health & Court Of Protection Cases 

 

The following areas of Mental Health and Mental Capacity Law qualify for legal aid:

  • Representation of Patients detained in the High Security Hospitals under the Mental Health Act
  • Representation of Patients before the Mental Health Tribunal
  • Attendance, Advice and Assistance at Mental Health Act Managers Hearing
  • Advice and Assistance to relatives and carers of a detained patient
  • Displacement of Nearest Relatives in County Court Proceedings
  • Court of Protection proceedings
  • Advice and Assistance on Deprivation of Liberty Issues
  • Judicial Review, Advice and Assistance with appeals to the Upper Tribunal (Mental Health)
  • Advice and Assistance of After Care Services for Mental Health Patients

 

Am I eligible for Legal aid?

  • Whether you qualify for legal aid will depend on the type of case & your financial circumstances.
  • In certain cases, you will automatically be given legal aid without any means testing.
  • In other cases, you will usually have to give details and evidence of your income, benefits, savings and property, and those of your partner.
    If you are under 18, you may also need to give information about your parents’ or guardians’ income.

 

Your financial situation is not taken into account for cases about:

  • Mental health tribunals
  • Challenging the authorisation of a deprivation of Liberty Safeguard in the Court of Protection

 

Do I have to pay toward the cost of my case if I have legal aid? 

Legal aid might not cover all the costs of your case. You may have to:
  • pay some of the costs upfront.
  • pay back some of the cost if you win money or property from your case
 
The Legal Aid Agency (LAA) will make a charge or claim – known as the ‘statutory charge’ – on any money or property you win. If this is your home, payment can be deferred, and the debt placed as a charge on your home (similar to a mortgage).

 

What you need to bring to us for your legal aid application?

You will need to provide us with information about the following for both yourself and your partner:
  • benefits - including benefits statements
  • income, savings and spending - including pay slips and bank statements
  • National Insurance numbers