Advice to conduct a privileged review of medical records. MHA and Code of Practice

Law and practice Other
1

Can you please advise or recommend a specific firm?

Type of Solicitor Needed: Specialist in Mental Health Act (1983) & Medical Records (Data Protection)& Human right/Discrimination

Details of the Case:

I am looking for an independent mental health solicitor to conduct a privileged review of my medical records. I need a legal opinion on whether my detention under the Mental Health Act (circa 10 years ago) and an attempt to resent involuntary hospitalisation (summer 2025) and the subsequent management of my records complied with the MHA 1983 and the Code of Practice.

The key issues are:

  1. Attempt to involuntary detention 2025 (likely unlawful).

  2. Disability discrimination. 10 years ago and recently. My physical condition (disability) was ignored and (RADF) was not applied. (requested SAR from GP but they delayed reply).

  3. Medication without consent, supplied to a third party.

  4. Potentially unlawful Detention (Section 2, 10 years ago) : I have recently discovered via SAR that a diagnosis (F code) was placed in my primary care record without my knowledge. I never received a proper psychiatric assessment, and I was never informed of this diagnosis at the time. I need to know if the detention was valid given the lack of proper process.

  5. Diagnostic Overshadowing & Coding: My physical health conditions were either omitted from my record and coded using F-codes, which categorize them as “behavioural syndromes.” I also have other incorrect medical records, likely belonging to different persons.

  6. Shared Care Plan: A “Shared Care Plan” was likely created without my consent and hidden from me for a decade, leading to refusal of physical health referrals.

  7. I requested notes under SAR from primary care/secondary care.

  8. Audit Trail: I have requested the audit trail to see who added these F-codes and when, but the GP has failed to comply and delay in reply.

What I need:

  • Review of the SAR documents against the MHA 1983 criteria (nature/degree, risk, necessity, etc).

  • Advice on disability discrimination and human rights.

  • Advice on challenging the F diagnosis as it was made without specialist assessment .

  • Representation or advice to force correction of my medical records (removal of inaccurate F-code).

  • Assessment of potential clinical negligence regarding the dismissal of my physical condition.

Could you please advice or recommend a firm:

  • Significant experience in Mental Health Tribunal representation.

  • Experience with Section 12 (2) doctors and AMHP accountability .

  • Knowledge of the Data Protection Act 2018 as it applies to clinical coding.

2

I couldn’t advise cuz I’m not a lawyer.

As it appears that the review will be praparatory to seeking some sort of remedy for perceived wrong doing against you, it will be important to look at any limitation periods first.

Basic Google searches can assist or perhaps AI assisted searches.

3

Thank you for your suggestion. I need professional advice before any action. Wrongdoing is significant and ongoing. 10+ years it is active without my knowledge and affected my care. limitation period - end of summer 2025, still with a limitation period. I also have likely fabricated or entered in error medical notes of social services foster care visits about a baby (0-5) I never had, in my family history summary, and a backdated referrals as well as admission avoidance care plans agreed (I never saw or knew about) during GP physical health appointments.

1 Like
4

I sought specialist Mental Health Act solicitors and finished up with simple internet enquiry for MHA solicitors. This produced a short list that may be worth approaching. I have no basis to recommend one. In addition I have found asking chatgpt helpful and broadens possibilities though it makes errors so cross checking is necessary.