Law Society

The Law Society is the representative body for all solicitors in England and Wales, and administers the Mental Health Accreditation Scheme for solicitors and their employees.

Accreditation schemes

Practice Notes

Law Society, 'Practice note: Accredited Legal Representatives in the Court of Protection' (10/11/17) — This practice note includes detailed advice on: (1) the role of an Accredited Legal Representative; (2) communicating with and taking instructions from your client; (3) representing P and ensuring P’s effective participation; (4) your duties of confidentiality and disclosure; (5) good practice in the Court of Protection; (6) funding of P’s legal costs; (7) applications under s21A Mental Capacity Act 2005; (8) other issues e.g. breach of the HRA 1998.§

Law Society, 'Practice note: Representation before mental health tribunals' (27/5/16) — This practice note advises on providing legal advice to clients appearing before the First Tier Tribunal (Mental Health) in England and the Mental Health Review Tribunal for Wales. It has information under the following headings: (1) Introduction; (2) The right to legal advice and representation before the tribunal; (3) Communication with the client; (4) Taking instructions; (5) Your duties towards your client; (6) Good tribunal practice; (7) Representing children and young people before the tribunal; (8) More information. It was last updated on 27/5/16 to cover recent case law including YA (see para 4.1), Care and Treatment Reviews (see para 6.2.1) and includes other more minor amendments.§

Law Society, 'Practice note: Financial abuse' (13/6/13). This practice note contains information under the following headings: (1) Introduction; (2) SRA principles; (3) Financial abuse: (a) what is financial abuse? (b) forms of financial abuse; (4) Identification of adults vulnerable to abuse and precaution to be taken: (a) groups at particular risk; (b) what to be alert for - known indicators for abusive activity; (c) identification and the assessment of capacity; (5) Taking action to prevent abuse: (a) powers of attorney; (b) gifts; (c) wills; (d) estate administration; (e) mis-selling; (f) language and cultural barriers; (6) Addressing suspected abuse - what steps to take: (a) confidentiality; (b) Office of the Public Guardian; (c) litigation; (d) deputyship; (e) appointeeship; (f) the role of the local authority; (g) abuse and neglect by legal professionals; (h) criminal offences; (7) Further information: (a) Law Society; (b) Solicitors Regulation Authority; (c) guidance; (d) useful contacts; (e) other resources; (f) acknowledgements.

Lasting Power of Attorney (practice notes)

Consumer Contracts (Information, Cancellation and Additional Charges) Regulations 2013 (practice note)

External links

Mental Health and Disability Committee

MHDC page on Law Society website

Law Society, 'House of Lords Select Committee: Mental Capacity Act 2005: [Response to] Call for Evidence' (September 2013)

Law Society, 'Hazards with the use of Court-approved Deprivation of Liberty Safeguards (DoLS) and Legal aid' (4/10/13)
- See subsequent judgment: UF v A Local Authority [2013] MHLO 105

Law Society, 'Review of the Mental Health [Act] 1983 Code of Practice: [Response to] Pre-consultation Engagement' (November 2013)

Other links

Home page

Law Society, 'MoJ Green Paper on legal aid', 16/11/10 - summary of Green Paper

Law Society, 'Access to justice review: final report', 15/11/10

News: Judicial review update: expedited hearing and civil contracts to be extended - 3/9/10 - Existing civil legal aid contracts will be extended by a month due to the Law Society's JR of the tendering process for family legal aid contracts (the judgment in which is expected on 24/9/10). It appears (from the news item) that the extension applies to all civil contracts including mental health, but further detail will be published on the Law Society website.