Mental Health
We provide specialist legal advice and representation in mental health and capacity law, including detention, treatment decisions, tribunals and deprivation of liberty matters.
Clear legal advice where mental health and liberty intersect
Mental health law governs some of the most serious legal decisions that can be made about an individual – including detention in hospital, compulsory treatment, restrictions on liberty and discharge arrangements.
At BHP Law, we provide specialist legal advice and representation to individuals and their families in matters arising under mental health and capacity law. Our role is to ensure that statutory powers are exercised lawfully, proportionately and with proper regard to individual rights.
We regularly act for people who are detained, at risk of detention, or affected by decisions made under the Mental Health Act and related legislation. We also advise families who are seeking clarity, involvement or challenge within these legal processes.

How we can help
Mental health law is technical, time‑sensitive and often unfamiliar. We take care to explain the legal framework clearly and without unnecessary jargon, ensuring our clients understand their rights, options and the likely process ahead.
Where appropriate, we also work closely with families and carers, particularly in cases involving Nearest Relative rights, aftercare arrangements, discharge disputes, or challenges to detention.
The majority of our mental health work is funded through our contract with the Legal Aid Agency. In most cases, this means that clients will not be required to pay legal fees personally.
We are happy to advise on eligibility and funding at the outset.
Our mental health team has extensive experience advising and representing clients in connection with formal mental health law procedures, including:
- Mental Health Tribunals
- Hospital Managers’ Meetings and Hearings
- Unlawful Detention
- Consent to Treatment
- Community Treatment Orders
- Care Programme Approach meetings
- Section 117 Aftercare and discharge planning
- Transferred prisoners
- Deprivation of Liberty Safeguards (DoLS)
- Nearest Relative representation
- Applications for displacement of the Nearest Relative
- Advice for informal patients experiencing legal issues while detained
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