Practice Areas Mental Health Law and Capacity
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Mental Health Law and Capacity

This is a highly specialised area of the law that requires a swift and precise response from its legal team.

Our Mental Health specialist lawyers have helped a wide range of organisations on the implications of the Mental Health Act legislation.  We can provide a constructive and practical solution to deal with the problems faced by the organisation, its staff and its service users.  

Our services include advice on the following:

  • Management of patients who are detained in high secure hospitals as well as those patients who are living in the community.
  • Interpretation of the Mental Health legislation and the Criminal Law (Insanity) legislation and the associated regulations, particularly in relation to the status of the voluntary patient, the definition of treatment and best interests.
  • Attending mental health review tribunals and the criminal review board hearings.  
  • Representing clients in Article 40 Inquiries (unlawful detention) and Judicial Review proceedings (ByrneWallace has an unrivalled reputation in Ireland in successfully defending our clients in any circumstances where matters have been brought before the court).
  • Guidance on the steps to be taken to protect vulnerable adults who lack capacity and fall outside of the Mental Health legislation.  This includes liaising with the family and seeking the appointment of a Next Friend or Guardian ad Litem to protect the interests of the vulnerable adult which is a very specialised area and may require an application for wardship or an Order for protection under the Inherent Jurisdiction of the High Court.
  • Applications to the District Court in relation to the detention and treatment of children under the Mental Health legislation.
  • Recognition and enforcement of protective Orders outside the jurisdiction where vulnerable persons require treatment abroad.  
  • Repatriation of patients who have received treatment abroad.
  • Defending negligence proceedings arising out of mental health cases.
  • Best interests disputes. 
 For further information, please contact a member of our Health and Social Care Team