5 July, 16

Unlawful detention

Our mental health team have vast experience in claims for unlawful detention. Unlawful detention arises in situations where a patient is detained in hospital without the appropriate legal formalities being complied with.

During any mental health tribunal appeal process, our team will always assess the legality of a clients section papers to ensure that that have been completed correctly.

One recent challenge from our team resulted in the relevant NHS authority admitting liability for the client’s unlawful detention. The client was detained in hospital without lawful authority under the Mental Health Act 1983.

Please contact the Mental Health Team if you require advice and assistance in challenging unlawful detention.

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