Free legal consultations and aid are at the heart of our services, ensuring all clients can access the support they need. If you or a loved one are detained in a hospital in Scotland under the Mental Health Act, you are automatically eligible for legal aid. This is a non-means-tested service, therefore your financial situation won’t impact your eligibility. We will discuss this in detail at the beginning of our meetings, covering both applications made under the Mental Health Act and any appeals you may wish to make.

Typically, a client is expected to sign the legal aid application. However, exceptions exist for those who can’t sign due to a mental disorder, as defined by section 328 of the Mental Health (Care and Treatment) (Scotland) Act 2003. In such cases, a legally defined representative, such as a person with parental responsibilities for a child, a judicial factor, or an individual authorised by the Adults with Incapacity (Scotland) Act 2000 can sign on behalf of the client.

Dealing with mental health law-related issues in Scotland can be daunting, especially understanding your legal aid eligibility and its operation. We are committed to providing clarity and addressing your concerns regarding all aspects of legal aid. Legal aid is a pivotal instrument that ensures legal representation accessibility, regardless of one’s financial status. This is particularly significant within the scope of mental health law, where it helps protect your rights and interests.

Legal aid extends to cover applications and appeals related to orders under the Mental Health Act. It provides funding for legal advice, assistance, and representation during Mental Health Tribunal proceedings and associated matters. With our assistance, you can anticipate a comprehensive understanding of the specifics of legal aid and its implications for your case.