Self-help guide
We know there are many concerns about mental health treatment, from wrongful detention and mental health tribunal hearings to care within the community. We also know how difficult it can be for our beneficiaries to have to tell and retell their story, only to find the organisation they are speaking to is unable to help them. We hope that by offering better signposting to relevant organisations and lawyers, we can help to reduce the number of times you have to repeat details of what happened to you or your loved one.
Unfortunately, there are some situations where Avma is unable to help at all. For a better understanding of the cases we are unable to assist with, please read our guidance on cases we are unable to assist with.
If you know you want legal representation and consider that you have a clinical negligence claim to make, you may want to visit our Find a Solicitor tool. Please note: Avma cannot guarantee that solicitors recommended by us will be able to help you, or that they will take your case on.
We have produced this guide to improve signposting so you can consider other firms that may be able to support you. These may not be clinical negligence firms. We have also included some information on specialist organisations who may be able to support you better than we can.
Legal aid and specialist firms
We have provided information on firms which hold a legal aid franchise in:
Some firms may hold a franchise in all three areas of work and will be able to offer legal aid if you are eligible. However, some firms may only hold a franchise in one or more of these specialist areas. You will need to check the firm’s website to be sure about their specialist areas.
Eligibility for legal aid
Not everyone who needs or wants legal aid is entitled to it. To be eligible for legal aid, the issue you need advice on must be covered by the terms of the legal aid contract. You or the person applying on your behalf will usually have to satisfy a means test which looks at your income, including any benefits you may be in receipt of. If you are on a low income, the Legal Aid Agency (LAA) will still assess whether you are able to contribute towards your legal aid fees.
You may not be eligible for legal aid simply because you fall outside of the financial eligibility limits. However, you will not have to satisfy the means test if you are applying for exceptional case funding (ECF) for inquests.
If you do need to satisfy the means test and fall outside the legal aid financial eligibility limits, you should talk to the solicitor about whether they can act for you on a private basis. They may be able to offer you an arrangement where you pay an hourly rate or a fixed fee for a certain amount of work to be done. They might also offer you a conditional fee agreement (CFA). For more information on CFAs, see our guide on funding options for legal claims.
If you want representation or someone to act for you, you will also have to show that you have an arguable case or issue.
Specialist lawyers
It is important to note that the lawyers working for the firms referred to in this leaflet as doing work in CAPA, mental health, and community care are not accredited by Avma. We are unable to say how experienced lawyers at these firms are or what you can expect from them with regards to client care and service levels generally. However, many of these firms have a legal aid franchise, and the Legal Aid Agency demands that firms can demonstrate rigorous processes before they are awarded a franchise. This should offer some reassurance that you can expect a reasonable standard of service.
Claims against public authorities
Even if you do not have a clinical negligence claim, you may still be able to bring a claim against a public authority (CAPA). Firms dealing with CAPAs tend to be specialist and able to offer legal aid to cover some of the costs.
Deaths in custody and inquests
This will apply in any situation where someone’s death occurred in custody such as a police cell, an NHS funded mental health detention unit, or prison.
Legal aid is not easily available for inquests. Although ECF may be an option, it is very difficult to get. If the death occurred in custody or an NHS mental health detention unit, it is more likely you’ll be able to secure legal aid funding subject to satisfying the merits test. Since January 2022, people applying for legal aid for inquests no longer have to satisfy a financial means test.
To satisfy the merits test, you will have to demonstrate either that it is an Article 2 inquest or that there is a wider public interest point. The wider public interest element requires that you can show the inquest will raise significant benefits for a class of person, other than the applicant and their family.
False imprisonment and wrongful arrest
This will usually cover the situation where someone has been wrongfully detained by the police.
Assault
This is quite broad, but may include where a patient has been assaulted and suffered significant injury, by either another patient or a member of staff.
However, this situation might also be a personal injury claim, so you may want to approach a specialist personal injury lawyer. Avma does not accredit personal injury lawyers, but many of the firms listed on our Find a Solicitor page will either also do personal injury claims or have a specialist who does.
If you are able to bring a personal injury claim, you can expect to enter into a CFA with the lawyer rather than rely on legal aid funding. Your lawyer will explain this in more detail, or you can check our funding options guide.
Human Rights Act (HRA) claims
Firms holding a CAPA legal aid franchise will be able to advise on the impact of HRA on any case you may have. This includes advice on Article 2, the right to life, or one of the other provisions under HRA.
Other types of cases
Here are some examples of other types of cases on which CAPA firms may be able to advise:
- police complaints (local and IPCC),
- assault by police officers,
- wrongful arrest and unlawful imprisonment,
- unlawful detention arising from incorrect section papers,
- malicious prosecution,
- failings in provision of care by social service, and
- injury caused whilst in prison.
To view a list of firms with a legal aid franchise to bring claims against public authorities, view our guide to CAPA legal aid firms.
Mental health cases
To be eligible for a legal aid franchise in mental health matters, lawyers must have an accredited member of staff. As explained above, Avma does not offer accreditation in this area of law. Firms will have satisfied the LAA that they have a level of competence and experience sufficient for them to be awarded a legal aid franchise, so you can be reasonably reassured by this.
What sort of things can the solicitor specialising in this area of law help me with?
Solicitors holding a mental health franchise will not be able to help every person who needs it. The following areas are commonly covered, but you will need to check with the firm first. This is not intended to be an exhaustive list.
- Wrongful detention under Mental Health Act (MHA): If you or a loved one believes you/they have been wrongfully detained under the MHA, one of the firms listed in our guide below may be able to help you.
- Mental Health Tribunal (MHT): Applications to the MHT may be dealt with by solicitors holding a legal aid franchise in mental health.
- Hospital managers’ review: Lawyers with a legal aid mental health franchise may be able to offer advice, assistance, and/or attendance at review hearings where the period of detention may be renewed.
- Care Programme Approach meetings: Advice, assistance, and/or attendance at a Care Programme Approach meeting may be possible.
- Section 117 Mental Health Act 1983 (MHA) aftercare services: Advice and assistance on your rights under section 117 MHA. This is concerned with provision of aftercare services for people who have been detained in hospital under the following sections of MHA: detained in hospital under section 3, transferred from prison to hospital under section 47 or 48, or ordered to go to hospital by a court under section 37 or 45(a). Section 117 is intended to ensure that any needs you may have which relate to your mental health problems are met. This may cover things like help with housing, work, and education. The aim is to reduce the risk of your condition getting worse and you having to go back to hospital.
- Complaints arising from medical treatment under the MHA: Solicitors can give advice and assistance on such complaints.
- Section 17 leave of absences: Advice and assistance can be given on your right to leave of absence whilst being detained under the MHA.
- Relatives: Advice and assistance may be given to a nearest relative on their role under MHA.
To view a list of firms with a legal aid franchise to bring mental health claims, view our guide to mental health legal aid firms.
Community care
Local authorities and the NHS have a duty to help those with care needs. Solicitors holding a legal aid franchise in community care can be expected to help with the following issues.T his is not intended to be an exhaustive list.
- Assessment and care plans: This includes the failure to assess and/or review, or where assessments and care plans are disputed.
- Carers rights and needs.
- Funding for care: Direct payments and personal budgets, residential care, and problems with independent living services.
- Disabled facilities grant: Adaptations to home, etc.
Other areas of law that fall under community care include:
- charging for services,
- NHS and other health service provision,
- continuing healthcare,
- unsuitable or inappropriate housing,
- hospital discharge,
- capacity and best interest issues, and
- deprivation of liberty.
To view a list of firms with a legal aid franchise to bring community care claims, view our guide to community care legal aid firms.
General information
There are some firms who hold legal aid franchises in all three specialist areas: CAPA, mental health, and community care. A list of firms who hold franchises in all three areas of law can be found in our legal aid guide.
Frequently asked questions
To help identify which organisation may be able to assist you, we have put together some frequently asked questions. This section may help you identify whether you need a clinical negligence lawyer or another specialist.
My loved one was diagnosed with mental health problems and was detained under the Mental Health Act. Sadly, they took their own life when in detention. Do I have a clinical negligence claim?
If your loved one has taken their own life whilst being detained under the MHA or has suffered injury because of a failed attempt to take their own life, we encourage you to seek independent legal advice. You may have a clinical negligence claim and/or a claim under the Human Rights Act.
Please see our Find a Solicitor page to search for one of our Avma accredited lawyers who has a special interest in mental health matters. If you are unable to find a clinical negligence lawyer to take the case on, you may want to try one of the lawyers listed under CAPA section above.
My loved one took their own life while being detained under the Mental Health Act, can you help me with the inquest?
If your loved one has died whilst in detention, you should think about preparing for the inquest into their death. Avma may be able to help you with this; for more information, please see our dedicated page on inquests.
If you have a lawyer willing to investigate a clinical negligence claim, speak to them about providing representation at the inquest as well as the civil claim.
If Avma is unable to help and you are unable to find a clinical negligence lawyer to take the case on, you may want to try one of the lawyers listed under CAPA section above. You may also find that another charity called INQUEST is able to assist you, especially as they have a particular focus on cases where the death occurred in detention managed by a public body.
I have experienced mental health issues for some time, but despite visiting my GP regularly and taking medication prescribed, I have not been referred to mental health services or a psychiatrist. My condition is deteriorating, but my GP will not refer me on. Do I have a clinical negligence claim?
A clinical negligence lawyer is unlikely to be the best person to advise in these circumstances. Avma does not have sufficient expertise to deal with this either. We suggest that you approach one of the lawyers listed in the mental health claims and/or community care claims sections above.
I want some legal advice and representation for an attendance at a Mental Health Tribunal, can a clinical negligence lawyer help me with that?
It is unlikely that a clinical negligence lawyer will be able to help with this, but there are other agencies and lawyers who may be able to help. Legal aid lawyers listed under the mental health section above are likely to be of help.
Other organisations which may be able to help include the following:
- Mind: Provides help and support to anyone with mental health difficulties. View their dedicated page on legal rights. Mind also shares a range of sources of mental health advocacy more generally, including statutory and voluntary mental health groups.
- Independent Mental Health Advocacy (IMHA) through VoiceAbility.
- Independent Advocacy: This organisation only operates in Coventry, Solihull and Warwickshire, but it has a helpline open five days a week. This organisation focuses on community, advocacy, money (looking after the benefits and pensions for those unable to do it themselves), and learning. They have trained and qualified staff specialising in mental health issues.
My loved one has been sectioned, but they are saying that because they were not registered with a local GP they will be sent out of the area where they have been living for the last two years to where last registered with a GP. They don’t want to be sent out of area. Is this clinical negligence?
A clinical negligence lawyer is unlikely to help in this sort of case. We suggest you approach lawyers who hold a legal aid franchise in both mental health and community care.
Firms with a legal aid mental health franchise may be able to provide advice and assistance on Section 117 MHA 1983. Section 117 is concerned with provision of aftercare services for people who have been detained in hospital (see above for more information). Lawyers who hold a legal aid franchise in community care can also advise on matters relating to continuing health care.
See above links for list of lawyers holding a mental health franchise and for a list of lawyers holding a community care franchise.
I have recently been discharged from mental health detention and require ongoing monitoring in the community which is not being provided. Is this clinical negligence?
A clinical negligence lawyer is unlikely to help in this sort of case. We suggest you approach lawyers who hold a legal aid franchise in mental health which covers advice and assistance under Section 117 MHA 1983. Section 117 is concerned with provision of aftercare services for people who have been detained in hospital. See the mental health section above.
I have been signed off as no longer needing ongoing healthcare, but I think this decision is incorrect and I still need continued input from services which I am no longer able to access. Do I need a clinical negligence lawyer?
A clinical negligence lawyer is unlikely to help in this sort of case. This appears to be an issue which relates to the need for continuing healthcare; as such, we suggest you approach a lawyer who holds a legal aid franchise in community care in the first instance. See the community care section above.
My loved one was taken off the section and immediately discharged themselves. They have not been referred to local agencies for help. I am worried they could be a danger to themselves or others. Can a lawyer help me to get him sectioned again?
A clinical negligence lawyer is unlikely to help in these circumstances. We suggest you approach lawyers with a legal aid mental health franchise, as they should be able to make an application to the mental health tribunal to reinstate the detention if they deem this appropriate action.
Other organisations and information which may help
This is not intended to be a complete list — you may find other local organisations which are able to help you. It is worth looking up mental health support online to find out what is available to you locally.
Mind
Mind provides a wide range of mental health advice. Visit their website for more information on what services they offer. Mind also runs a number of helplines which can support you in many ways. Their legal line provides legal information and advice on mental health law. Callers can ask about:
- being detained under the Mental health act (sectioning),
- mental capacity,
- community care, and
- discrimination and equality.
Mind also offers an email service available for callers who need more detailed advice, as well as hosting the Side by Side online community service.
Anxiety UK
Anxiety UK is a subscription service, details of which can be found on their website. Anxiety UK can offer products to help you cope — for example, support groups and anxiety courses are a few of the benefits of membership.
Survivors of Bereavement by Suicide
Survivors of Bereavement by Suicide was set up to support people over the age of 18 years who have experienced bereavement because of suicide. It aims to reduce the loneliness and isolation felt by those left behind. Not only does it offer support, but it encourages retreats and other forms of wellness.
Papyrus
Papyrus is a charity dedicated to the prevention of suicide in young people and the promotion of good mental health. It has a dedicated helpline and trained advisers. If you are suicidal or concerned that a young person you know may be suicidal, this charity can offer help and advice.
Mental Health Foundation
While the focus of the Mental Health Foundation is on how society as a whole approaches mental health issues and prevention, it is also a campaigning organisation which looks at the best way to evaluate treatments for mental health conditions.
Rethink
Rethink offers a network of groups, services, and advice lines to try and get you the support you need. They offer free advice and information on a range of mental health related issues.
NHS 111
The NHS 111 service is for anyone in mental health crisis. Simply call 111 for support from trained mental health professionals. The 24/7 service is available for people of all ages, including children, and will provide vital help through a single phone line where staff can guide callers with next steps such as organising face-to-face community support or facilitating access to alternatives services.
The NHS has a list of other support groups on its website.
Feeling depressed, low, or having suicidal thoughts?
Avma staff are not trained or able to offer advice on how to cope with feeling depressed, experiencing low mood, or having suicidal thoughts. We urge anyone feeling like this to urgently attend their GP for professional support and to contact the Samaritans. You can find more information, advice, and signposting on our dedicated page on mental health.
Other self-help guides
Most of Avma’s self-help guides are aimed at providing information on the clinical negligence process. However, we take this opportunity to draw attention to some of our leaflets which may be helpful to you, providing advice on bereavement organisations and counselling: