Mental Health & Capacity

Mental Health

Dealing with a mental illness isn’t easy, but whatever your circumstances you deserve to be treated fairly. At Punch Robson we work hard to ensure that mental health patients and their families and carers, are given the care and treatment they deserve and are entitled to.

If you or a loved one has a mental illness, there may be times when you need a legal expert to help you understand your rights or act as your representative. We can offer advice about your rights if you have been sectioned under the Mental Health Act, and we can represent you at a Mental Health Tribunal, supporting and guiding you through the appeals process.

The department is headed by Rachael Hart who is an Associate Solicitor and an accredited member of the Mental Health Tribunal Panel. Rachael has met the high standards required to achieve accreditation as a specialist expert in this area of law.

Mental Capacity

Our Solicitors have the expertise to offer specialist advice in relation to all issues involving mental capacity. This advice may be given directly to the individual who is said to lack capacity to make certain decisions, or to their family members. Alternatively, they may have appointed someone to act as their ‘litigation friend’ or have had someone appointed to act as their Relevant Personal Representative (RPR). If someone lacks the capacity to instruct a Solicitor, they still have rights and we can assist others to challenge matters on their behalf.

We offer advice and representation surrounding the Deprivation of Liberty Safeguards (DOLs), and all Court of Protection matters. The Court of Protection is where the Court need to become involved to identify what is in the best interests of someone who lacks capacity where there is some dispute about this. This may be in respect of a whole range of issues including their living arrangements, the care that they receive or medical treatment. We also have a specialist Probate team who are able to help with cases where someone lacks capacity to manage their own financial affairs.

Our knowledgeable and approachable solicitors are on hand to discuss any aspect of mental health law, including cases concerning mental capacity. Mental health patients are often entitled to legal aid, which means our services could be provided free of charge. If you can’t get to our offices, we can usually arrange to visit you – either in hospital or at another location.

Call our Mental Health & Capacity team today on 01642 233980 for a confidential chat and to find out how we can help you or request a call back.


Rachael Hart

Associate Solicitor

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