We understand that cases involving mental capacity issues can be distressing, and that the cost might be a worry too.

Legal aid: Deprivation of liberty

In cases where a person is being deprived of their liberty, that person may be unhappy with the deprivation and want to challenge the decision. The person who is being deprived of their liberty is entitled to non means tested legal aid (which means they can get legal aid irrespective of how much they have).

A person who is being deprived of their liberty should also have a relevant person’s representative (RPR). This person is appointed to represent the best interests of the patient. If they want to challenge the deprivation of liberty for any reason, the RPR is also entitled to non means tested legal aid.

Is legal aid available in other cases?

Legal aid is available at Ridley & Hall for cases concerning health & welfare.

Legal aid is means tested and so not everybody will qualify. We can assess whether you are eligible for legal aid over the telephone. We can complete the public funding forms on your behalf. In order to submit an application for legal aid, you will need to provide us with a whole range of documents which prove your income and any savings you may have. We will explain to you what documents you need to provide us with.

If your case concerns ‘property and affairs’, legal aid is never available to cover the cost of representation. In those circumstances, we will explain our charges to you and provide an estimate of costs.

If you are not eligible for legal aid then we can provide a clear estimate and explanation of costs. We may be able to work on a ‘fixed fee’ basis.

However your legal costs are met, we will always keep you informed of progress and costs throughout the case.

If you think you qualify for legal aid in relation to a court of protection issue, call us today on 01484 538421 and someone will be happy to speak to you.