Mental health

Read our guide to everything you need to know about the Mental Health Act 2025 here.

Our experienced team advise and act for a range of health, social care and charitable organisations on mental health law, and are one of the largest dedicated mental health teams in the country.

We recognise the challenges of the current legal framework, including the fundamental changes to practice being brought in by the Mental Health Act 2025, and complexities in the interface between mental health law and the Mental Capacity Act 2005. We also appreciate the climate of intense strain across both health and social care sectors at present. We aim to provide sensitive, pragmatic and efficient advice to enable and support clear, cost-effective decision making which puts patients at the heart of their care delivery.

Services we provide

  • Pragmatic and plain-speaking advice about the current legal framework, including:
    • The scope of compulsory treatment & community treatment options
    • The powers & responsibilities of hospital managers and responsible clinicians
    • The interplay between the Act and mental capacity law
    • Obligations under s117 ‘aftercare’, and its interconnection with other funding frameworks
  • Expert advice on particularly complex cases, including those involving:
    • Homicides and public safety risks
    • Complex service users, with overlaid issues of capacity and consent, Advance Directives & Lasting Powers of Attorney; and
    • Children & young people, the scope of parental responsibility, and safeguarding challenges
  • Robust advice, preparation and legal representation before Mental Health Tribunals, in the Court of Protection, in judicial review proceedings and at inquests
  • An out of hours service to ensure timely support even in urgent situations.

Key examples of our practice include:

  • Urgent advice to treating bodies: We often provide urgent advice on a range of complex treatment decisions and liabilities for actions taken, including the appropriate legal framework for treatment, whether Court authorisation is required (and from whom) and where failings in care and/or registration have occurred.
  • Commissioning & funding disputes: We frequently advise commissioners of mental health services on funding disputes including the scope of funding, the identity of the appropriate funder, and the appropriate legal framework for funding, on a range of issues from social care provision to s 117 ‘aftercare’ responsibility.
  • Representation in Court: We regularly act for clients in front several Court bodies, where the cases touch on mental health, including:
    • Identifying issues for inquests, providing support for staff and representing health and social care organisations, up to and including Article 2 inquests with juries.
    • Representing responsible authorities at Mental Health Tribunals.
    • Advising on the merits of judicial review challenges, including drafting summary grounds in support of/resisting the claim.
    • Before the Court of Protection, particularly in cases where issues of mental health/capacity intersect
  • Review & development of policies & risk management: We provide proactive, and responsive support to organisations looking to bring their policies, procedures, and risk management into line with the legislative framework.
  • Training and education: We deliver bespoke training to a number of health and social care organisations, in addition to more wide-ranging training to our clients on topical issues where the need arises.

Free mental health resources

Articles

February 2026

The Mental Health Act 2025 & the NHS 10 Year Plan

January 2026

The Mental Health Act 2025 – the current position at a glance

Changes from the Mental Health Act 2025 coming in February 2026

Webinars

Register for our upcoming webinars here.

Explore our collection of expert‑led webinars covering key aspects of mental health law for health and social care professionals on our YouTube channel:

 

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    • Chambers UK 2023
      “Their advice always includes a sensible commercial approach to dispute resolution.”
    • Chambers UK 2023
      “Hempsons is a highly regarded nationwide mental health team looking after the legal interests of NHS trusts and clinical commissioning groups.”
    • Chambers UK 2023
      “The team are always quick to respond and happy to pick things up at short notice.”
    • Chambers UK 2023
      “They're very knowledgeable and equipped with the latest case laws and updates.”