Judicial Review

In mental health cases, we can provide you with legal advice when you wish to challenge the lawfulness of a decision affecting you which has been made by a public body.

If, for example, you are dissatisfied with a decision by a local authority or CCG to refuse you after-care under s117 Mental Health Act 1983, or a decision by the Ministry of Justice to refuse you leave from hospital, or a decision by an NHS Trust to transfer you from one hospital to another, we can advise on the prospects for a successful challenge to that decision by way of judicial review proceedings. We can also then represent you in those judicial proceedings when an application is called for.

In addition, we can advise on the alternative methods of resolving any dispute thereby avoiding the need for court proceedings, such as using a public body’s complaints procedure or referring the matter to the relevant ombudsman.

Judicial review proceedings would involve an application to the High Court on the grounds of illegality, irrationality or procedural unfairness. Legal Aid may be available to cover your costs in such proceedings, and further details regarding this and other forms of funding can be provided on request.

To discuss how we may assist, please telephone 01823 692800 or email mentalhealthteam@butler-solicitors.co.uk

Areas in which we can advise on potential judicial review proceedings in the context of mental health law include:

  • Funding decisions under s117 Mental Health Act 1983
  • Hospital transfers under Mental Health Act 1983
  • Consent to treatment issues under Mental Health Act 1983
  • Transfer from prison to hospital under sections 47/48 Mental Health Act 1983
  • Unlawful detention