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Psychiatric Detention

Hodge Jones & Allen is ranked as one of the leading law firms in the UK for human rights claims (Chambers 2016). We have a highly successful record of securing compensation, apologies, admissions of wrongdoing, as well as policy changes to improve the standard of care for patients detained under the Mental Health Act. For instance we are currently bringing a claim for a detained patient whose arm was broken during restraint.

If you or someone close to you have ever been detained or ‘sectioned’ under the Mental Health Act, you will know how difficult it can be for you and your family. Should you have concerns about serious failings of care in detention, we can take legal action against mental health service providers where they have failed to meet their obligations under the Human Rights Act.

The Human Rights Act protects the right to life and privacy. It also requires mental health services to protect patients from inhuman and degrading treatment, and prohibits discrimination because of a disability. Hospitals and those responsible for psychiatric detention must fully investigate any breaches of these fundamental rights.

We also represent families of those who have died in psychiatric detention where reasonable steps could have been taken to prevent the death, but were not taken.

We are unable to assist with challenges to medical decisions taken about treatment including a decision to detain you under the Mental Health Act. However, we can assist with cases involving human rights breaches for instance:

  • Incidents of serious physical, verbal or sexual abuse
  • Serious injury or death caused by the authorities including suicide and self-harm which mental health services should have prevented
  • Challenging Coroners Inquest findings and death investigations
  • Neglecting basic standards of health and safety or hygiene, for example, soiled, unchanged sheets
  • Use of excessive force to restrain patients
  • Leaving trays of food without helping patients to eat when they are too frail to feed themselves
  • Unlawful detention
  • Unnecessary disclosure of personal medical information to third parties
  • Forced medical treatment which is disproportionate
  • Discrimination on the grounds of disability

You or the person being detained may also have a claim for personal injury or medical negligence, we work closely with lawyers in those departments to provide a comprehensive level of service for your case.

We are known for our tenacity in fighting to protect our clients’ rights, no matter what obstacles or adversaries we face. We are committed to seeking redress and justice and our sympathetic team will be a source of support and clear guidance.

Our psychiatric detention specialists are part of our London based human rights in healthcare team. We have almost four decades of experience helping clients from around the UK with a wide variety of legal matters. For expert legal advice use our contact form or call us on 0808 250 6017 today.