If you or a loved one are dealing with mental health-related legal issues in Northern Ireland, you don’t have to face the situation alone. Our experienced solicitors are ready to offer expert mental health legal advice to guide you through this difficult time.
Mental Health Law & Legislation in Northern Ireland
Mental health law in Northern Ireland is governed by the Mental Health (Northern Ireland) Order 1986 and the new Mental Capacity Act (NI) 2016, which is being introduced gradually.
Together, these two pieces of legislation cover the assessment, treatment and rights of people experiencing mental health challenges. This includes the law around whether someone needs to be detained — also known as being sectioned — due to their mental health and whether they are capable of making important decisions for themselves.
Health and social care decisions taken under these mental health laws have a huge impact on people’s lives. That’s why it is so important to get legal advice from a mental health solicitor to protect the rights of people facing mental health-related legal issues.
How Our Mental Health Solicitors Help You
We have a team of experienced mental health solicitors with vast experience in mental health law in Northern Ireland. Our solicitor Garret McCann lectures on mental health law to share this knowledge with others.
We offer a free consultation so you can explain your circumstances to our solicitors. We will then give you free initial legal advice on the best course of action based on your legal needs.
Our legal support covers every aspect of mental health law, including:
Mental Health Tribunals
We will represent you before the Mental Health Review Tribunal in Northern Ireland to ensure the hearing reaches a conclusion that is in your best interests. Our solicitors can also challenge or appeal decisions made by the Tribunal.
Detention Under the Mental Health (Northern Ireland) Order 1986
There are strict legal grounds for being detained under the Mental Health (Northern Ireland) Order 1986. You must be suffering from mental illness or severe mental impairment that would create a substantial likelihood of serious physical harm to yourself or others if you weren’t detained.
When these criteria are not met or proper legal processes weren’t followed, we can challenge your detention.
Treatment in Hospitals
When you’re detained under the Mental Health (Northern Ireland) Order 1986, you can be given hospital treatment for your condition without your consent. Our mental health solicitors can advise you on issues around consent and the legality of treatment plans.
Judicial Review Challenges
We have expertise in bringing judicial review challenges in relation to mental health detention and treatment decisions made by hospitals or health trusts. We will work to protect your best interests and overturn any decisions about your detention or treatment that we believe to have been unlawful.
Guardianship Orders & Issues
Our solicitors offer a range of legal services around guardianship. This includes advising on the legal responsibilities of the guardians of someone facing legal issues relating to their mental health. Equally, we can provide legal assistance to challenge or support guardianship orders made under the Mental Health Order to protect the best interests of the patient.
Garret McCann – Expert Mental Health Law Solicitor
- Garret qualified as a Solicitor in 2010 after graduating from Queens University Belfast in Law.
- Garret also has gained significant experience in the area of Personal Injury Law and has secured millions in damages for clients.
- For expert legal advice call Garret on 028 9446 1509
FAQs
What are my rights if I'm detained under the Mental Health Order in Northern Ireland?
If you are detained under the Mental Health Order in Northern Ireland, you have rights that medical practitioners, police officers and others must protect. For example, you have the right to be treated in your best interests, which means you shouldn’t be detained if your treatment can be achieved effectively without the need for your detention.
You also have the right to an explanation as to why you have been detained. Any application for you to be detained for assessment or treatment must be supported in writing by two medical practitioners. The application must say why it's necessary for you to be detained and why you can't be treated in other ways.
You also have the right to an emergency tribunal hearing within 14 days of your initial detention. If you wish to make an emergency application please contact our office by telephone oremail.
If you have any physical conditions while being detained under the Mental Health Order, you have exactly the same rights as any other patient. Contact our experienced mental health solicitors if you have any questions or concerns about your rights.
How can I challenge decisions made by the Mental Health Tribunal?
To challenge a Mental Health Tribunal's decision you will need specialist legal advice from an experienced mental health solicitor. It is very unlikely you would be able to overturn a tribunal decision without the help of a solicitor.
To challenge the tribunal’s decision, you will need to show that the law was not applied correctly in your case. Contact us for free initial legal advice on whether this applies to your circumstances.
Does the Mental Capacity Order (NI) 2016 affect existing Mental Health Orders made under the Health (Northern Ireland) Order 1986?
No, the Mental Health Capacity Order (NI) 2016 doesn’t affect existing Mental Health Orders made under the Mental Health (Northern Ireland) Order 1986. While the new Act is gradually phased in, both pieces of legislation currently apply. For now, anyone who can be detained under the 1986 Order must still be detained under this legislation, even if the 2016 Act could also apply to their circumstances.
The 2016 Act will eventually replace the 1986 Order for anyone aged over 16 but not until the phased introduction is complete.
Contact Our Mental Health Solicitors Today
If you’re facing health and social care challenges in Northern Ireland and need legal advice, contact our mental health solicitors for a free, friendly, no-obligation consultation.
We look forward to hearing from you.
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