I am seeking advice on potential Human Rights Act claims following prolonged detention after a successful Mental Health Tribunal discharge and significant Parole Board delays. I have now been released on licence. I believe there may be Article 5 and Article 8 breaches and possible clinical decision-making failures. I have asked a few firms and nobody will take my case.
After watching the Nottingham Enquiry and hearing the ward I was on mentioned by NHS England in regards to the CQC rating, I feel I would have a solid case.
Any advice on how to proceed with acquiring a solicitor willing to take my case further would be welcome.
Not in any degree as an exact parallel to your case, bur I also sought legal help with my case of clear non compliance with Mental Health Act requirements and had all kinds of advice about contact this and contact that which failed to produce any formal legal help although the advice from participants of MHLO was very helpful in understanding what the requirements mean. I have received what seems interesting advice from chatgpt about reluctance for law firms to engage. One factor mentioned was the difficulty in dealing with the rather wooly world of mental disorders and the veracity of ‘opinions’ of medical staff in order to get a clear ruling. Another cynical, but possibly relevant factor is the amount of effort involved and the financial rewards likely, which from a business point of view are important for law firms. There doesn’t seem to be much out there to correct injustice just because it is unjustified actions by people protected within organisations via what seems to be called vicarious liability i.e. it’s the organisation that is initially responsible and they can financially outmatch an individual. So I hope you get some useful advice and succeed with your case.
What has been their feedback to your submissions? And how did you present your case to them?
First thing I would start off with is drafting up a detailed timeline of events. A chronology. From there you will be able to structure your case into a format that a potential solicitor in public law and human rights might have the scope to take on.
Also looking at other human rights cases like the ‘R (Sessay) v South London and Maudsley NHS Foundation Trust [2011] EWHC 2617 (QB)’ may help you to understand the strengths and weaknesses of your case looking ahead.
The solicitors that I have approached online have so far said that they have nobody to assist my case. I am awaiting replies from others, but each one I have sent the following message:
Hello — I am seeking legal advice about a potential human rights/public law claim following prolonged detention after a successful tribunal discharge. My detention was delayed due to state/Parole Board and NHS Trust failures, and I may have Article 5 (right to liberty) and Article 8 (autonomy) claims. I have been released on licence and prepared a detailed summary. Could you confirm whether you can advise on this and whether legal aid or alternative funding is possible?
