Law Society

The Law Society is the representative body for all solicitors in England and Wales, and administers the Mental Health Accreditation Scheme for solicitors and their employees.

See also

• Law Commission consultation on Mental Capacity and Deprivation of Liberty (consultation response)

• Lasting Power of Attorney#Law Society

Accreditation schemes

• Law Society mental health accreditation scheme
• Law Society mental capacity (welfare) accreditation scheme

Practice notes and guides

• ALRs in COP. Law Society, 'Practice note: Accredited legal representatives in the Court of Protection' (4/9/23) — This practice note covers: "communicating with and taking instructions from your client; representing the subject of the proceedings (P) and ensuring P’s effective participation; your duties of confidentiality and disclosure; good practice in the Court of Protection; funding of P’s legal costs; applications under section 21A Mental Capacity Act 2005; other legal issues arising in the course of the case".

• Law Society MHT practice note. Law Society, 'Practice note: Representation before mental health tribunals' (24/2/24) — Unhelpfully, this practice note gives no indication of what changes have been made since the August 2022 version. However, we have created a tracked changes version for MHLO.

• Financial abuse. Law Society, 'Guide: Financial abuse' (13/6/23) — "This guidance is aimed at all solicitors who advise clients who are or may be at risk of financial abuse, in particular those conducting private client work involving estate and financial planning, property transactions, execution of wills or lasting powers of attorney (LPAs). It may also be useful to other professionals working with adults at risk of financial abuse, and to carers, families and friends."

• Vulnerable clients. Law Society, 'Guide: Meeting the needs of vulnerable clients' (29/11/22) — "This guide will help you identify and meet the needs of clients who may have difficulty using legal services, or who may be at risk of acting against their own best interests."

• Lasting Power of Attorney (practice notes)

• Consumer Contracts (Information, Cancellation and Additional Charges) Regulations 2013 (practice note)

Resources

The following is an automatically-generated list of all resources whose Organisation is "Law Society":

• Law Society, 'Mental Health Review Tribunal Panel: Procedures' (dated 9 May 2002) (Sentence: Panel guidance)
• Law Society, 'Practice note: Lasting Powers of Attorney' (6/10/11) (Sentence: LPA practice note)
• Law Society, 'Mental Health Accreditation Scheme: Guidance' (dated December 2011) (Sentence: MH panel guidance)
• Law Society, 'Practice note: Lasting Powers of Attorney' (8/12/11) (Sentence: LPA practice note)
• Law Society, 'Mental Health Accreditation Scheme: Scheme Guidance and Policies' (dated 28/2/14) (Sentence: Panel guidance)
• Law Society, 'Mental Health Scheme: Guidance Notes and Policies' (dated 6/5/14) (Sentence: Panel guidance)
• Law Society, 'Mental Health Scheme: Guidance Notes and Policies' (dated 26/9/14) (Sentence: Panel guidance)
• Law Society, 'Mental Health Scheme: Guidance Notes and Policies' (dated 24/7/15) (Sentence: Panel guidance)
• Law Society, 'Mental Health Accreditation: Application and re-accreditation application forms guidance notes and policies' (dated 29/9/15) (Sentence: Panel guidance)
• Law Society, 'Practice note: Representation before mental health tribunals' (27/5/16) (Sentence: Law Society MHT practice note)
• Law Society, 'Mental Health Accreditation: Application and re-accreditation application forms guidance notes and policies' (dated 10/8/16) (Sentence: Panel guidance)
• Law Society, 'Mental Health Accreditation: Application and re-accreditation application forms guidance notes and policies' (dated 12/12/16) (Sentence: Panel guidance)
• Law Society, 'Mental Health Accreditation: Application and re-accreditation application forms guidance notes and policies' (dated October 2017) (Sentence: Panel guidance)
• Law Society, 'Practice note: Accredited Legal Representatives in the Court of Protection' (10/11/17) (Sentence: ALRs in COP)
• Law Society, 'Mental Health Act 1983 Independent Review: Call for Evidence: Law Society response' (22/1/18) (Sentence: Wessely review response)
• Law Society, 'Parliamentary brief: Mental Capacity (Amendment) Bill 2018: HL committee stage' (3/9/18) (Sentence: LPS)
• Law Society, 'Mental Health Accreditation: Application and re-accreditation application forms guidance notes and policies' (dated 5/12/18)
• Law Society, 'Parliamentary briefing: Mental Capacity (Amendment) Bill: House of Commons second reading' (18/12/18) (Sentence: Parliamentary briefing on Mental Capacity (Amendment) Bill)
• Law Society, 'Mental Health Accreditation: Application and re-accreditation application forms guidance notes and policies' (dated 5/12/18, created 1/3/19) (Sentence: Panel guidance)
• Law Society, 'Practice note: Accredited legal representatives in the Court of Protection' (5/12/19) (Sentence: ALRs in COP)
• Law Society, 'Practice note: Representation before mental health tribunals' (12/12/19) (Sentence: Law Society MHT practice note)
• Law Society, 'Coronavirus (COVID-19) advice and updates' (19/3/20) (Sentence: Law Society coronavirus guidance)
• Law Society, 'Mental Health Accreditation: Application and re-accreditation application forms guidance notes and policies' (dated 30/9/20) (Sentence: Panel guidance)
• Law Society, 'Mental Health Accreditation: Application and re-accreditation application forms guidance notes and policies' (dated 27/1/21) (Sentence: Panel guidance)
• Law Society, 'Mental Health Accreditation: Application and re-accreditation application forms guidance notes and policies' (dated 4/3/21) (Sentence: Panel guidance)
• Law Society, 'White paper on reforming the Mental Health Act - Law Society response' (22/4/21) (Sentence: MHA reform consultation response)
• Law Society, 'Practice note: Lasting Powers of Attorney' (17/8/22) (Sentence: LPA practice note)
• Law Society, 'Practice note: Representation before mental health tribunals' (31/8/22) (Sentence: Law Society MHT practice note)
• Law Society, 'Guide: Meeting the needs of vulnerable clients' (29/11/22) (Sentence: Vulnerable clients)
• Law Society, 'Guide: Financial abuse' (13/6/23) (Sentence: Financial abuse)
• Law Society, 'Working with clients who may lack mental capacity' (14/6/23) (Sentence: Clients and capacity)
• Law Society, 'Practice note: Accredited legal representatives in the Court of Protection' (4/9/23) (Sentence: ALRs in COP)
• Law Society, 'Practice note: Representation before mental health tribunals' (24/2/24) (Sentence: Law Society MHT practice note)
• Law Society, 'Identifying a deprivation of liberty: a practical guide' (18/3/24) (Sentence: DOL guidance)

External links

Mental Health and Disability Committee

• MHDC page on Law Society website

• Law Society, 'House of Lords Select Committee: Mental Capacity Act 2005: [Response to] Call for Evidence' (September 2013)

• Law Society, 'Hazards with the use of Court-approved Deprivation of Liberty Safeguards (DoLS) and Legal aid' (4/10/13)
  • See subsequent judgment: UF v A Local Authority [2013] MHLO 105

• Law Society, 'Review of the Mental Health [Act] 1983 Code of Practice: [Response to] Pre-consultation Engagement' (November 2013)

Other links

• Home page

• Law Society, 'MoJ Green Paper on legal aid', 16/11/10 - summary of Green Paper

• Law Society, 'Access to justice review: final report', 15/11/10

• News: Judicial review update: expedited hearing and civil contracts to be extended - 3/9/10 - Existing civil legal aid contracts will be extended by a month due to the Law Society's JR of the tendering process for family legal aid contracts (the judgment in which is expected on 24/9/10). It appears (from the news item) that the extension applies to all civil contracts including mental health, but further detail will be published on the Law Society website.

• Press release 19/11/09: As new report finds legal aid lawyers paid less than sewage workers, Law Society says NO to more fee cuts

• Practice Note: Making gifts of assets - 16/7/09 - including section on "Gifting assets to fund future care"

• Information relating to meetings of the Mental Health and Disability Committee

• Practice note: 'Outcomes-focused regulation: overview' (20/9/11)

• Jonathan Rayner, 'Judge slams quality of mental health advocacy' (Law Society Gazette, 19/1/12)

• Law Society, 'Managing a bank account for another person to become easier thanks to new framework' (3/4/13)
  • Law Society and others, 'Guidance for people wanting to manage a bank account for someone else' (3/4/13)
  • Law Society and others, 'A framework for authorising people wanting to operate a bank account for someone else' (3/4/13)

INFORMATION

• Representation
  • The role of the mental health lawyer
  • Ethical and other conduct guidance for lawyers
  • Case preparation
• Civil sections and CTOs
  • Section 2: admission for assessment
  • Section 3: admission for treatment
  • Section 4: emergency admission for assessment
  • Section 5: holding powers
  • Section 7: guardianship
  • Community Treatment Order
• Criminal detaining sections
  • Section 37: hospital order
  • Section 37/41: hospital order with restrictions
  • Sections 47, 48 and 49: transferred prisoners
  • Notional s37
  • Section 45A: hospital direction
  • Section 38: interim hospital order
  • Section 135: Warrant to search for and remove patients
  • Section 136: Mentally disordered persons found in public places
  • Section 35: Remand to hospital for report on accused’s mental condition
  • Section 36: Remand of accused person to hospital for treatment
  • Section 37: guardianship order
  • Section 43: committal by magistrates for restriction order
  • Section 44: committal to hospital under s43
  • Section 51(5): hospital order without conviction
  • Detention under insanity legislation
  • Admission order
• Aftercare
  • Patients who are eligible for aftercare
  • The aftercare duty and its duration
  • The definition of aftercare
  • Charging for aftercare services
  • Which authority pays for aftercare
  • Ordinary residence ...
• Mental Health Tribunal
  • Tribunal Rules
  • Preliminary legal points
    • Standard and burden of proof (MHT)
    • Delay (MHT)
    • Re-sectioning after tribunal discharge
  • Tribunal eligibility
    • Eligibility periods
    • Change in status during tribunal proceedings
  • Commentary on some FTT rules
    • Overriding objective (MHT)
    • Applications (MHT)
    • Parties (MHT)
    • Representatives (MHT)
    • Notice of proceedings, and listing (MHT)
    • Medical examination (MHT)
    • Remote hearings (MHT)
    • Disposal without hearing (MHT)
    • Hearing in a party’s absence (MHT)
    • Decisions by a single judge (MHT)
    • Reports (MHT)
    • Evidence (MHT)
    • Non-disclosure of documents and information (MHT)
    • Directions (MHT)
    • Adjournment and postponement (MHT)
    • Withdrawal (MHT)
    • Reinstatement (MHT)
    • Decisions (MHT)
    • Public hearing (MHT)
    • Wasted costs (MHT)
  • Appealing against a tribunal decision (MHT)
• Mandatory and discretionary references
• Nearest relative
  • Patients who have a nearest relative
  • Identification of nearest relative
  • Nearest relative powers
    • Nearest relative powers - introduction
    • Nearest relative's right to receive information
    • Right to apply to Tribunal
    • Right to be consulted and to object to s3 admission
    • Right to discharge from guardianship
    • Right to request discharge of s2 or s3 or CTO
    • Dangerousness criterion
  • Changing the nearest relative
    • Delegation by existing nearest relative
    • Displacement (appointment) by county court
  • Nearest relative - miscellaneous
• Legal Aid
  • Contracts
    • Standard Civil Contract 2014
    • Standard Civil Contract 2018
    • Standard Civil Contract 2024
  • Main types of funding
    • Certificated (licenced) work
    • Controlled work
  • Legal Aid eligibility
    • Merits tests
    • Means testing
  • The scheme
    • The mental health fee scheme
    • Hourly rates and fixed fees
    • Escape fee cases
    • Legal Aid for appeals
    • Disbursements, including independent experts
  • Other pages
    • Peer review
    • Transaction criteria
    • Legal Aid in the Court of Protection
    • Legal Aid Agency Liverpool Office
    • Legal Aid forms
    • Legal Aid guidance documents
  • Legal Aid archive
    • Legal Aid information archive
    • Legal Aid News archive
    • Non-means-tested non-tribunal matters
    • Residence test
• International law
  • The ECHR and mental health law
  • The CRPD and mental health law

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• Changes made by MHA 2007
  • 16- or 17-year-old with capacity cannot be detained on basis of parental consent
  • Abnormally aggressive or seriously irresponsible conduct is only a consideration for learning disability (not personality disorder)
  • Additional safeguards for ECT introduced in new s58A
  • Appropriate treatment test replaces treatability test and applies to all patients under long-term detention
  • Approved Mental Health Professional replaces Approved Social Worker
  • Automatic reference scheme under s68 changed
  • Bournewood gap bridged by Deprivation of Liberty Safeguards inserted into MCA 2005
  • Civil partners are treated as if married when determining nearest relative
  • Conditionally-discharged hospital direction patients can be absolutely discharged by MHRT
  • Domestic Violence Crime and Victims Act 2004 applies to unrestricted criminal patients
  • Fundamental principles set out in Act and included in Code of Practice
  • Higher penalties for offences under Act
  • Hospital direction patients can no longer apply to Tribunal during first six months
  • Hospital directions under s45A apply to any mental disorder
  • Legal status of Code of Practice set out in Act
  • Limitation to the exceptions to the duty to instruct IMCA
  • Mental disorder no longer split into separate classifications
  • Minor drafting error in MCA 2005 corrected
  • New cross-border arrangements for leave and transfer
  • New definition of medical treatment
  • New Independent Mental Health Advocate scheme
  • New procedure for renewal of detention
  • New regulations on conflicts of interest
  • New requirements for age-appropriate accommodation for children
  • NHS Foundation Trusts discharge power problem remedied
  • Organisation of Mental Health Review Tribunal changed
  • Patient can apply to displace nearest relative, who can now be displaced on grounds of unsuitability
  • Patients can be transferred between places of safety under s135 and s136
  • Procedure for making of instruments by Welsh Ministers set out
  • Reference to Local Health Boards inserted into Act
  • Responsible Clinician/Approved Clinician replaces Responsible Medical Officer
  • Restriction orders can no longer be time-limited
  • SOAD certificate becomes invalid when patient loses or gains capacity
  • Some exclusions to definition of mental disorder have been removed
  • Supervised Community Treatment replaces Supervised Discharge
  • Transitional provisions until full implementation of MHA 2007
  • Treatment while under SCT is covered by new Part 4A
• Coronavirus
  • Coronavirus resources
  • Court of Protection and coronavirus
  • Legal Aid and coronavirus
  • Mental capacity and coronavirus
  • Mental Health Tribunal and coronavirus
  • MHRT for Wales and coronavirus
  • MHT for Scotland and coronavirus
  • Remote assessments and coronavirus
• Courts
  • Court of Protection
  • Hospital Managers' Hearing
  • House of Lords
  • Inquests
  • Mental Health Review Tribunal
  • Mental Health Review Tribunal for Wales
  • Mental Health Tribunal
  • Parole Board
  • Upper Tribunal
• Forms
  • Court of Protection forms
  • Judicial review forms
  • Mental Health Act 1983 Statutory Forms
  • Tribunal forms
• General information pages
  • Children and mental health law
  • Civil restraint order
  • Complaints procedure
  • Consultations
  • Electronic signatures
  • Euthanasia and assisted suicide
  • Ian Brady
  • Independent investigations
  • Jury service
  • Leave of absence
  • Mental disorder and driving
  • Ministry of Justice
  • Miscellaneous external links
  • Murder
  • Newsletters
  • Nuisance or disturbance on hospital premises
  • Power to specify hospital units
  • Public tribunal hearings
  • Repatriation
  • Reports to Prevent Future Deaths
  • Smoking
  • Summary of routes to discharge
  • Summary of types of detention
  • Transfer
  • Victims of crime
  • Victims' rights to make representations and receive information
  • Voting rights for detained patients
  • Welfare benefits
• Glossary pages
  • Glossary
  • Key sources of information
  • Other glossary pages
    • Adult Social Care
    • Advance decision
    • Application of MHA 1983 to Armed Forces
    • Barring order
    • Brief glossary
    • British National Formulary
    • Care Programme Approach
    • Compulsory treatment
    • Displacement proceedings
    • Enduring Power of Attorney
    • Extra-statutory recommendations
    • Guardianship
    • High secure hospital
    • Home Office Circulars
    • IPP
    • Judicial review
    • Judicial review pre-action protocol
    • Lasting Power of Attorney
    • Learning disability
    • Mental disorder
    • Part 36
    • Prison law
    • Recall
    • Recommendations
    • Responsible authority
    • Sexual Harm Prevention Order
  • Professionals
    • Appropriate adult
    • Approved Mental Health Professional
    • Approved Social Worker
    • Independent Mental Capacity Advocate service
    • Independent Mental Health Advocate service
    • Responsible Clinician
    • Responsible Medical Officer
    • Second Opinion Appointed Doctor
  • Types of detention
    • All types of detention
    • Summary of the detaining sections
  • Types of discharge
    • Deferred discharge
    • Deferred discharge of unrestricted patient
    • Full discharge of unrestricted patient
    • Summary of types of discharge
    • Supervised discharge
  • Types of patient
    • Restricted patient
    • Technical lifer status
    • Unrestricted patient
• Legislation overviews
  • Mental Health Act 2007 Overview
  • Mental Health Act 1983 Overview
  • Mental Capacity Act 2005 Overview
  • Mental Health Act 2007 in force dates
• Mental capacity law
  • Capacity to consent to sexual relations
  • Court of Protection Practice Directions
  • Deprivation of Liberty Safeguards
  • Interface between MHA and MCA
  • Liberty Protection Safeguards
• Organisations
  • Administrative Justice and Tribunals Council
  • All Party Parliamentary Group on Legal Aid
  • Care and Social Services Inspectorate Wales
  • Care Services Improvement Partnership
  • Civil Contracts Consultative Group
  • Commission for Social Care Inspection
  • Community Care (company)
  • Court of Protection User Group
  • Crown Prosecution Service
  • Department of Health and Social Care
  • Essex Mental Health Independent Inquiry
  • European Union Agency for Fundamental Rights
  • Family Law Week
  • Fixated Threat Assessment Centre
  • General Medical Council
  • Gov.uk website
  • Health Professions Council
  • Healthcare Commission
  • Healthcare Inspectorate Wales
  • House of Lords Select Committee on the Mental Capacity Act 2005
  • HUDOC
  • International Classification of Diseases (ICD)
  • International Journal of Mental Health and Capacity Law
  • Joint Committee on the Draft Mental Health Bill
  • Judiciary
  • Law Commission
  • Legal Ombudsman
  • Legislation.gov.uk
  • MAPPA
  • Mental Health Act Commission
  • Mental Health Lawyers Association
  • National Confidential Inquiry into Suicide and Safety in Mental Health
  • National Mental Health Development Unit
  • National Policing Improvement Agency
  • Office of Fair Trading
  • Office of Public Sector Information
  • Office of the Public Guardian
  • Official Solicitor
  • PPMHG
  • Royal College of Psychiatrists
  • Solicitors Regulation Authority
  • Statute Law Database
  • Tribunal Procedure Committee
  • Venice Commission
  • Care Quality Commission pages
    • Care Quality Commission
    • CQC - DOLS reports
    • CQC - MHA reports
    • CQC - Other links
    • CQC - State of Care reports
    • CQC - Surveys
  • Charities
    • Bailii
    • Incorporated Council of Law Reporting
    • Inquest (Charity)
    • Mind (Charity)
    • Rethink Mental Illness
    • Social Care Institute for Excellence
• Other jurisdictions
  • Northern Ireland
    • Mental health law in Northern Ireland
    • Review Tribunal (Northern Ireland)
  • Scotland
    • Mental health law in Scotland
    • Mental Health Tribunal for Scotland
    • Mental Welfare Commission for Scotland
  • Southern Ireland
    • Mental health law in Southern Ireland
  • Wales
    • Welsh Assembly emails archive (2010-2012)
    • Mental health law in Wales
• Psychiatry
  • Consent to treatment provisions
  • Covert administration of medication
  • Definition of mental disorder
  • Dual diagnosis
  • Improving Access to Psychological Therapies
  • Insight
  • Psychiatric information
  • Psychiatric medication
  • Psychopathic disorder
  • Treatability test
• Statistics
  • Statistics - Ethnicity
  • Statistics - Ministry of Justice
  • Statistics - Miscellaneous
  • Statistics - NHS Digital - Detention and CTO
  • Statistics - NHS Digital - DOLS
  • Statistics - NHS Digital - Guardianship
  • Statistics - NHS Digital - Other
  • Statistics - Tribunal
  • Statistics - Welsh Assembly Government
• The Law Society
  • Law Society
  • Law Society mental capacity (welfare) accreditation scheme
  • Law Society mental health accreditation scheme
  • Law Society mental health accreditation scheme - CPD requirements
  • Law Society mental health accreditation scheme - guidance documents
• Things to sign up for
  • CPD scheme
  • Email updates
  • Online forum
  • Subscriptions

What links here:

• Law Society, 'Practice note: Representation before mental health tribunals' (27/5/16)
• Consumer Contracts (Information, Cancellation and Additional Charges) Regulations 2013
• Law Society, 'Practice note: Representation before mental health tribunals' (31/8/22)
• Law Society, 'Guide: Financial abuse' (13/6/23)
• Law Society, 'Guide: Meeting the needs of vulnerable clients' (29/11/22)
• Law Society, 'Practice note: Accredited legal representatives in the Court of Protection' (4/9/23)
• Law Society, 'Practice note: Representation before mental health tribunals' (24/2/24)
• Contact:Law Society