Legal Aid Agency, '2018 Standard Civil Contract: Category Definitions' (1/1/21)
Civil contract category definitions The mental health category part states: "42. Legal Help and all proceedings in relation to: (a) cases under the Mental Health Act 1983, the Mental Capacity Act 2005, and paragraph 5(2) of the Schedule to the Repatriation of Prisoners Act 1984 (as described in paragraph 5 of Part 1 of Schedule 1 to the Act); (b) the inherent jurisdiction of the High Court in relation to vulnerable adults (as described in paragraph 9 of Part 1 of Schedule 1 to the Act); (c) the inherent jurisdiction of the High Court in relation to children (as described in paragraph 9 of Part 1 of Schedule 1 to the Act) where the case relates to a decision on medical treatment [...] 43. For the avoidance of doubt, except as permitted by paragraph 13 above the Mental Health Category does not include any civil legal services made available under paragraphs 21 or 22 of Part 1 of Schedule 1 to the Act, including, but not limited to, matters arising from an individual’s detention under the Mental Health Act 1983 or the Mental Capacity Act 2005. Nor does it included services under the Mental Health Act 1983 that are required to be made available under sections 13, 15 and 16 of the Act (criminal legal aid). 44. To the extent that any relevant grant of exceptional funding is made (in accordance with section 10 of the Act), this category also includes advocacy for matters arising under the Mental Capacity Act 2005 (as described in paragraph 5 of Part 1 of Schedule 1 to the Act) that are not listed in paragraph 4 of Part 3 of Schedule 1 to the Act."