When displacing Nearest Relative would the patients usual solicitor help with this or a different one with a specialism?
Any MH solicitor can advise around displacement and their Legal Aid contract would allow them to conduct this work in the County Court. However, lots of solicitors don’t do this for various reasons (mostly because of the hassle with funding).
As it’s a distinct legal matter under licensed work (rather than controlled work), I would argue that another solicitor could assist with the displacement application if the patient’s current solicitor cannot.
The hospital should be able to provide you with a list of all the law firms or individual solicitors in the area who undertake MHA related work.
If a section 2or 3 then free legal advice and the mental heath act solicitor can do this process