What does a mental health paralegal do?
As a mental health paralegal, one of the most frequent questions I receive is, “What does a mental health paralegal do?” My role primarily involves assisting individuals who are detained under the Mental Health Act 1983, helping them with their legal matters, specifically, ones relating to their detention. I frequently work with clients who wish to be discharged from the hospital but are being held against their will. My goal is to provide them with the legal support necessary to challenge their detention and, where possible, secure their release.
In practical terms, this means seeing clients detained in psychiatric units at least 4-5 times per week, considering their medical notes, specialist reports and taking instructions. We then have to write to our client confirming what was discussed, any advice given and what the next steps are – all of this is done under the close supervision of my team leader who is usually a mental health solicitor and / or a Law Society accredited mental health specialist.
We also have to attend team and firmwide team meetings which give us space to learn, share experiences and have regular face to face supervision. There is also regular training.
What does it mean to be sectioned?
To be sectioned means to be detained in a hospital under the Mental Health Act, against your will. There are two main categories of patients under the Act: restricted and non-restricted patients.
- Non-restricted patients become known to mental health services in various ways but generally they show risk behaviour associated with symptoms of a mental disorder that are considered to warrant detention for assessment or treatment in a hospital.
- Restricted patients are typically individuals who have entered the mental health system after committing a criminal offence and have been diagnosed with a mental disorder that necessitates hospital treatment – again it is a question of risk associated with any condition. This is usually determined during the sentencing process or while they are in prison.
For both groups, the key criteria for detention under the Act are the presence of a mental disorder and the level of risk the individual poses, either to themselves or others. There are different sections of the Mental Health Act that determine the grounds and purpose of a patient’s detention, and as a mental health paralegal, I work with clients detained under any of these sections.
How do we help patients get discharged from hospital?
There are two main avenues through which mental health lawyers can help patients challenge their detention and seek discharge from the hospital:
- Hospital Managers Hearing: Some patients can apply for a Hospital Managers Hearing at any time, with limited restrictions on how often they can do so. However, it’s important to note that Hospital Managers only have the power to discharge non-restricted patients, limiting the usefulness of this option for some clients.
- First-tier Tribunal (Mental Health): Another way to request discharge is through the First-tier Tribunals (Mental Health). Unlike Hospital Managers, the Tribunal can discharge both restricted and non-restricted patients, but there are limitations on how frequently clients can apply for a tribunal hearing.
As a mental health lawyer, representing clients in these hearings involves getting to know them and their history well. This is crucial for crafting the best possible legal argument to present at the hearing, ensuring we give our clients the strongest chance of being discharged from hospital.
Skills and challenges as a mental health paralegal
Working as a mental health paralegal requires a unique set of skills. Empathy is key, as you are often dealing with individuals at their most vulnerable. Equally important is a deep understanding of mental health legislation, particularly the Mental Health Act 1983. The role can be challenging, especially when dealing with emotionally sensitive cases or clients who are experiencing severe distress. However, the rewards of helping someone regain their freedom or challenge their detention make it all worthwhile. Additionally, attention to detail and excellent communication skills are essential to ensuring that the legal process runs smoothly, and clients feel supported throughout.
Collaborating with mental health professionals
One of the unique aspects of working in mental health law is the collaboration with various medical professionals. As a mental health paralegal, I frequently work with psychiatrists, social workers, and nurses to gather comprehensive information about a client’s condition and treatment. This multidisciplinary approach allows me to build a strong legal case, ensuring that both the client’s rights and mental health needs are considered in our legal strategy. By understanding the medical side of their situation, I can better advocate for my clients during legal proceedings.
Client Confidentiality and Ethical Responsibilities
The sensitive nature of mental health law brings significant ethical responsibilities. Maintaining client confidentiality is paramount, as the information shared with us often involves deeply personal and distressing details. Ensuring that clients feel safe and confident that their information will remain private is a crucial aspect of building trust. Additionally, mental health law presents unique ethical dilemmas, especially when weighing a client’s legal rights against their best interests. Managing these issues requires careful consideration and a commitment to both the client’s welfare and the law.
Career Growth Opportunities
At GN Law, being a mental health paralegal is often just the first step in a rewarding legal career. Many of our paralegals go on to become solicitors, and the experience gained in mental health law provides a solid foundation for career growth. Whether you choose to specialise further in mental health law or explore other areas of law, GN Law supports your development and provides numerous opportunities for progression. This makes it an exciting and fulfilling career path for anyone passionate about mental health law and making a difference in people’s lives.
Current and previous directors and associates of the firm have started as paralegals, Guile Nicholas appreciates commitment and rewards loyalty.
Ready to Start Your Journey?
If you’re interested in starting your career as a mental health paralegal or want to explore current opportunities at GN Law, we encourage you to check out our latest vacancies. Join us and take the first step towards making a meaningful difference in mental health law.
