Portrait photograph of Theresa Clark, Partner at David Ake & Co. Solicitors

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Mental
Health Law

Specialist representation at Mental Health Tribunals and under the Mental Health Act. Protecting your rights with clarity, compassion, and expertise.

3 Accredited Panel Members
28+ Years Experience
Free Legal Aid Available
MHT Tribunal Specialists
Your Voice. Your Rights. Heard.

You Do Not Have to Face This Alone

If you or a loved one has been detained under the Mental Health Act 1983, you may feel frightened, overwhelmed, or unsure of your rights. Our specialist team represents clients in hospital, in the community, and within secure settings across England and Wales.

We provide clear advice, strong legal representation, and a calm, supportive approach at every stage – acting urgently and sensitively, with a focus on protecting your rights, promoting your wellbeing, and achieving the least restrictive outcome.

Portrait photograph of Paige Newell, Mental Health Accredited Panel Member at David Ake & Co. Solicitors
What We Do

How We Can Help

  • Civil & Forensic Sections

    Advice and representation across all civil and forensic sections of the Mental Health Act, from Section 2 assessment through to restricted hospital orders.

  • Mental Health Tribunal Hearings

    Expert representation at Mental Health Tribunal hearings to challenge detention and secure discharge where appropriate. Legal Aid available in most cases.

  • Hospital Managers' Hearings

    Representation at Hospital Managers' Hearings to review the lawfulness and necessity of your continued detention.

  • CPA & Section 117 Meetings

    Advice on Care Programme Approach and Section 117 aftercare meetings to ensure you receive the support and services you are entitled to on discharge.

  • Community Treatment Orders

    Advice and challenge for patients placed on Community Treatment Orders, including representation at recall and revocation hearings.

  • Secure Services & Transfer

    Advocacy for progression through secure services, including transfer applications to lower-security settings and Ministry of Justice applications.

  • Nearest Relative Rights

    Advice to nearest relatives on their rights under the Mental Health Act, including discharge applications and rights of appeal.

  • Section 17 Leave

    Advice and representation in relation to applications for Section 17 leave from hospital, including challenging refusals.

  • Aftercare Under Section 117

    Ensuring that patients who have been detained are provided with all aftercare services they are entitled to, free of charge, under Section 117.

Independent Legal Review

Mental Health Tribunal Representation

We represent patients at Mental Health Tribunals, helping to challenge detention and secure discharge where appropriate. The tribunal is an independent legal hearing and you have the right to be represented.

Take detailed instructions and explain the process
Review medical and legal reports
Advise on prospects and prepare your case thoroughly
Cross-examine the care team on your behalf
Make legal submissions to argue for your discharge
"The team at David Ake & Co. were calm, clear, and completely on my side throughout the tribunal process. They explained everything, challenged the evidence effectively, and secured my discharge. I cannot thank them enough."
Family member of a detained patient Mental Health Tribunal Client
Reference Guide

Mental Health Act - Key Sections

For more information about specific sections, select a topic below. Click any heading to expand the full detail.

Mental Health Tribunals

A Mental Health Tribunal is an independent legal hearing that reviews whether a person should continue to be detained under the Mental Health Act. It is independent of the hospital and consists of three members: a judge (legal member who leads the hearing), a psychiatrist (medical member), and a specialist member with mental health experience.

Prior to the hearing, the Tribunal will receive reports from the Responsible Clinician, a member of the nursing team, and the Care Coordinator or social worker. The Panel will consider both written and oral evidence from the responsible clinician and care team. The patient will have the opportunity to speak to the Tribunal, and their solicitor will be given the opportunity to cross-examine the care team to challenge the need for ongoing detention.

The Panel Must Consider Whether

  • The patient has a mental disorder
  • It is of a nature or degree warranting detention
  • Detention is necessary for health, safety, or protection of others
  • Appropriate treatment is available
  • Whether treatment could be provided in a less restrictive way

Possible Outcomes

  • Discharge the patient (immediate or deferred)
  • Decide the patient should remain detained
  • In unrestricted cases - make recommendations for leave, transfer, or CTO to facilitate future discharge
  • In restricted cases - make informal recommendations (the panel does not have power to make statutory recommendations)

Section 2 - Admission for Assessment

Section 2 allows a person to be detained in hospital for assessment (and initial treatment) for up to 28 days where they are believed to be suffering from a mental disorder which warrants detention in hospital, and professionals believe the detention is necessary for their health or safety, or to protect others.

Consent to Treatment

Treatment for mental disorder may be given without consent where a person is detained under the Act and the treatment is considered necessary. However, additional safeguards apply: medication can usually be administered without consent for the first three months of detention, but after this period, either the patient’s consent or approval from a Second Opinion Appointed Doctor (SOAD) is required.

Discharge Routes

Mental Health Tribunal
An application can be made once during the first 6 months and once in each renewal period after that.
Hospital Managers' Hearing
You can request a Hospital Managers' review of your detention at any time.
Responsible Clinician
The Responsible Clinician can discharge you at any time if detention is no longer necessary.
Nearest Relative
Your Nearest Relative can request discharge by giving written notice to the hospital. The Responsible Clinician has 72 hours to consider the application and can bar discharge if they feel you may act dangerously if discharged. If the application is barred, this may give rise to a review by the Hospital Managers.

Expiry of Section 2

At the end of Section 2, you may be discharged home (with support), remain in hospital voluntarily, or be placed on Section 3 for treatment if longer-term treatment is considered necessary.

Section 3 - Admission for Treatment

Section 3 allows a person to be detained in hospital for treatment if they are believed to be suffering from a mental disorder which makes it appropriate to receive medical treatment in hospital, detention is necessary for their health or safety or for the protection of others, and appropriate medical treatment is available. Section 3 initially lasts for up to six months unless discharged or renewed, and can be renewed for a further 6 months and then yearly thereafter.

Consent to Treatment

Treatment for mental disorder may be given without consent where a person is detained under the Act and the treatment is considered necessary. However, additional safeguards apply: medication can usually be administered without consent for the first three months of detention, but after this period, either the patient’s consent or approval from a Second Opinion Appointed Doctor (SOAD) is required.

Discharge Routes

Mental Health Tribunal
An application can be made once during the first 6 months and once in each renewal period after that.
Hospital Managers' Hearing
You can request a Hospital Managers' review of your detention at any time.
Responsible Clinician
The Responsible Clinician can discharge you at any time if detention is no longer necessary.
Nearest Relative
Your Nearest Relative can request discharge by giving written notice to the hospital. The Responsible Clinician has 72 hours to consider and can bar discharge. If barred, the Nearest Relative has the right to appeal to the Mental Health Tribunal within 28 days of the barring notice. The Tribunal can also make statutory recommendations for leave, transfer, or CTO to facilitate future discharge.

Expiry of Section 3

At expiry, a person may be discharged home with support, be placed on a Community Treatment Order, remain in hospital voluntarily, or have the section renewed for a further period.

Section 117 Aftercare

Section 117 places a duty on health and social services to provide free support to individuals who have been detained under Section 3 once they leave hospital. This aftercare is designed to meet needs arising from the person’s mental disorder and to reduce the risk of relapse. Services can include accommodation, community support, and ongoing care, and must continue for as long as they are necessary.

Community Treatment Orders (CTOs)

A Community Treatment Order allows a patient to live in the community after being detained for treatment, subject to conditions and recall powers. A CTO is intended to support safe discharge, maintain engagement with services, and reduce the risk of relapse. Patients can be recalled to hospital if their mental health deteriorates or if there are concerns about non-compliance.

A CTO can only be made if the patient has a mental disorder requiring medical treatment available in the community without detention, it is necessary for the patient to receive that treatment for their own health or safety or the protection of others, and it is necessary for the Responsible Clinician to have the power to recall the patient. A CTO initially lasts for up to six months and can be renewed for a further 6 months and then yearly thereafter.

Recall Powers

A patient on a CTO can be recalled to hospital if the Responsible Clinician believes they need hospital treatment and there is a risk to health, safety, or others. Recall can also occur where a patient does not comply with conditions. A recall can last for up to 72 hours, during which the clinical team must decide whether the patient can return to the community or whether the CTO should be revoked.

Revocation of a CTO

If professionals decide the CTO is no longer sufficient, it can be revoked, returning the patient to detention under Section 3. If a CTO is revoked, the case is automatically referred to the Mental Health Tribunal – the patient does not need to make their own application. The Tribunal will then review whether the criteria for detention are met and whether continued hospital detention is necessary and proportionate.

Discharge Routes

Mental Health Tribunal
An application can be made once during the first 6 months and once in each renewal period after that.
Hospital Managers' Hearing
You can request a Hospital Managers' review at any time.
Responsible Clinician
The Responsible Clinician can discharge at any time if the CTO is no longer necessary.
Nearest Relative
Your Nearest Relative can request discharge by giving written notice to the hospital. If barred, the Nearest Relative has the right to appeal to the Mental Health Tribunal within 28 days of the barring notice.

Section 117 Aftercare

A person subject to a CTO retains Section 117 aftercare entitlements – health and social services must provide free support in the community following hospital detention to reduce the risk of relapse or readmission.

Section 37 - Hospital Order

The Magistrates’ Court or Crown Court can impose a Section 37 Hospital Order on a person convicted of an imprisonable offence, on the recommendation of two registered medical practitioners, if satisfied that the offender is suffering from a mental disorder which makes it appropriate to be detained in hospital for medical treatment. A Section 37 lasts for an initial period of 6 months unless discharged or renewed, and can be renewed for a further 6 months and yearly thereafter.

Consent to Treatment

Treatment for mental disorder may be given without consent where a person is detained under the Act and the treatment is considered necessary. However, additional safeguards apply: medication can usually be administered without consent for the first three months of detention, but after this period, either the patient’s consent or approval from a Second Opinion Appointed Doctor (SOAD) is required.

Discharge Routes

Mental Health Tribunal
No application can be made in the first 6 months. An application can be made once in the second 6 months and in each renewal period (yearly) thereafter.
Hospital Managers' Hearing
You can request a Hospital Managers' review of your detention at any time.
Responsible Clinician
The Responsible Clinician can discharge you at any time if detention is no longer necessary.

Expiry of Section 37

At expiry, a person may be discharged home with support, be placed on a Community Treatment Order, remain in hospital voluntarily, or have the section renewed for a further period.

Section 117 Aftercare

Section 117 places a duty on health and social services to provide free support to individuals detained under Section 37 once they leave hospital, for as long as it is necessary.

Section 37/41 - Restricted Hospital Order

The Magistrates’ Court or Crown Court can impose a Section 37/41 Hospital Order on a person convicted of an imprisonable offence if satisfied that the person is suffering from a mental disorder appropriate for hospital treatment and, having regard to the offence, history, and risk of future offending, it is necessary for the protection of the public from serious harm. A Section 37/41 does not expire and continues until the patient is discharged.

Ministry of Justice Involvement

Section 41 is a restriction order which subjects the patient to tighter controls. The Ministry of Justice (MoJ) has oversight of the patient’s care and the Responsible Clinician needs MoJ approval for: hospital leave (including Section 17 leave), transfer to another hospital, and discharge into the community.

Discharge Routes

Mental Health Tribunal
No application in the first 6 months, once in the second 6 months and once annually thereafter. The Tribunal and MoJ can grant conditional or absolute discharge.
Ministry of Justice
The Responsible Clinician can seek the Ministry of Justice's authority to discharge when they consider it appropriate.

Conditional Discharge

A person who is discharged will ordinarily be conditionally discharged – subject to conditions covering residence, medication compliance, engagement with community teams, and any restrictions on alcohol or substance use. The person can be recalled to hospital by the Secretary of State if risks increase or conditions are not complied with.

Absolute Discharge

A conditionally discharged patient may apply for absolute discharge (coming off the order completely). Mental Health Tribunal: no application in the first 12 months, once in the second 12 months and every 2 years thereafter. The MoJ Secretary of State can also approve an absolute discharge on the Responsible Clinician’s application.

Section 117 Aftercare

Section 117 places a duty on health and social services to provide free support to individuals detained under Section 37/41 once they leave hospital, for as long as it is necessary.

Section 47/49 - Prison Transfer (Sentenced Prisoners)

Section 47/49 applies when a person serving a prison sentence is suffering from a mental disorder which makes it appropriate for them to be detained in hospital for medical treatment. Section 49 adds a restriction to the transfer, meaning the Ministry of Justice has oversight of the patient’s care and controls leave, transfer, and discharge.

Consent to Treatment

Treatment for mental disorder may be given without consent where a person is detained under the Act and the treatment is considered necessary. Additional safeguards apply after the first three months of detention.

Route to Discharge and Tribunal Powers

If the transferred prisoner’s sentence has not expired, they can appeal to the Tribunal to be returned to prison, but cannot be discharged into the community. The Responsible Clinician can also seek MoJ approval to return the prisoner to prison if hospital treatment is no longer necessary.

Once the sentence has expired, restrictions cease and the patient will have the same rights as a Section 37 patient, except they can apply to the Tribunal within the first 6 months of the Section 47/49 ceasing.

The Mental Health Tribunal does not have the power to discharge transferred prisoners serving indeterminate sentences, but can notify the Ministry of Justice that it would discharge if it had the power, and can recommend whether the patient should remain in hospital or return to prison for parole board proceedings.

Section 117 Aftercare

Section 117 places a duty on health and social services to provide free support to individuals detained under Section 47/49 once they leave hospital, for as long as it is necessary.

Section 48/49 - Prison Transfer (Remand Prisoners)

Section 48/49 applies when a prisoner on remand is suffering from a mental disorder which makes it appropriate for them to be detained in hospital for medical treatment. Section 49 adds a restriction to the transfer, meaning the Ministry of Justice has oversight and controls leave, transfer, and discharge.

Route to Discharge and Tribunal Powers

The Responsible Clinician can seek MoJ approval to return the prisoner to prison if treatment is no longer necessary. The transferred prisoner can also appeal to the Tribunal to be returned to prison – if the Tribunal does not think hospital treatment is needed, it can notify the Ministry of Justice, who may transfer the person back to prison. The Tribunal does not have the power to discharge Section 48 transferred prisoners into the community.

A Section 48/49 transferred prisoner can appeal to the Tribunal once during the first 6 months, once in the second 6 months, and annually thereafter.

If the transferred prisoner does not want to return to prison, they will remain in hospital until sentenced. The criminal courts will then decide the most appropriate way to deal with the case. In restricted cases, the Tribunal cannot direct leave or transfer in the same way as in civil cases – key decisions rest with the Ministry of Justice – so recommendations aim at ensuring the clinical team makes appropriate applications without delay.

Section 117 Aftercare

Section 117 places a duty on health and social services to provide free support to individuals detained under Section 48/49 once they leave hospital, for as long as it is necessary.

Section 117 - Aftercare

Section 117 aftercare under the Mental Health Act places a duty on health and social services to provide free support to individuals who have been detained under Section 3, Section 37, Section 37/41, Section 47/49, or Section 48/49 once they leave hospital.

This aftercare is designed to meet needs arising from a person’s mental disorder and to reduce the risk of relapse or readmission. Services can include accommodation, support in the community, and ongoing care, and must continue for as long as they are necessary. This support is free of charge and cannot be means-tested.

What Section 117 Covers

  • Supported or specialist accommodation
  • Community mental health support and key worker
  • Ongoing medication and care coordination
  • Day services and vocational support
  • Any services that address a need arising from the person's mental disorder
Our People

Our Mental Health Team

Three Mental Health Accredited Panel Members with extensive experience representing clients before the Mental Health Tribunal.

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