Court of Protection & Mental Health


Cygnet Law have a team of specialist mental health solicitors, who can provide legal advice and representation on all aspects of mental health law throughout the North East and North Yorkshire. We can provide you and your family with clear and sensitive advice, and aim to achieve the best possible outcome within these complex areas of law.

Here at Cygnet Law, we also can provide bespoke training on mental health law and practice to solicitors and Local Authorities. We’re members of the Law Society’s Mental Health Accreditation Scheme, who are recognised as experts in mental health law.

Mental Health

We have extensive experience of all sections under the mental health act including:

  • Section 2 detention for assessment and treatment
  • Section 3 detention for treatment
  • Section 7 Guardianship
  • Section 37 Hospital Orders and,
  • Section 37/41 Hospital Orders with Restrictions
  • Section 47/49 Transfer of a sentenced prisoner to hospital
  • Treatment Issues
  • Entitlement to aftercare
  • Compulsory medication
  • Community treatment orders
  • Nearest Relative
  • Consultation with and displacement of patients’ nearest relatives
  • Restraint
  • Seclusion
  • Advice on section 117 Aftercare.
  • Representation at Mental Health Tribunals.
  • Judicial Review.
  • Mental Capacity & Court of Protection.
  • Appeals to the Upper Tier Tribunal of decisions by the Mental Health Tribunal

If you need support with any of the above sections, please contact us and we can guide you through the processes.

Court Of Protection

The Court of Protection can make decisions on financial or welfare matters for people who can’t make their own decisions at the time they need to be made (also known as ‘lacking mental capacity’). The court exists to safeguard vulnerable people who lack mental capacity to make decisions for themselves.

Here at Cygnet Law, we regularly advise and represent family members who have been made party to the Court of Protection proceedings, issued by Local Authorities or NHS Trusts. We also regularly act on behalf of the Official Solicitor, to act on behalf of individuals who lack capacity in Court of Protection proceedings.

We have extensive experience of Court of Protection law, including:

  • Deprivation of Liberty Safeguards (DoLS)
  • Property and financial affairs – a financial deputy
  • Personal welfare (health) – a personal welfare deputy
  • Medical treatment decisions
  • Care planning / residence disputes
  • Disputes relating to treatment options, resources and best interests
  • Best interest’s decision making
  • Training to Local Authorities
  • Residential care & support living
  • Advice on LPAs and Deputies,
  • Advice on decisions to refuse treatment
  • Emergency and out of hours applications to Court.

Please contact us if you require any advice on anything above or wish to discuss your personal circumstances.

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If you have any questions, please check out our FAQ’s for more help.

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