Government urged to increase pay as mental health lawyers threaten to quit

SURVEY: reluctance to support rights of weakest in society financially could lead to exodus

Almost two-thirds of mental health practitioners have either decided to quit the field or are seriously considering doing so, according to research by the Mental Health Lawyers Association (MHLA).

The survey of 115 mental health practitioners found that 63% were considering giving up the work if no increases in payment were made.

At present, mental health lawyers are paid as little as 30 per hour.

Earlier this year, mental health solicitors warned that government proposals to overhaul mental health laws could put an unbearable strain on their work through the erosion of patients' rights (see [2002] Gazette, 27 June, 1).

MHLA chairman Richard Charlton said: 'This area of law is very demanding at a personal and a legal level, and yet it seems that the government is not prepared to pay for the rights of the weakest in society.

Most mental health lawyers would make more money if they retrained as plumbers, and the government must address the situation immediately if experienced lawyers are not forced to leave this work for good.'

A spokeswoman for the Lord Chancellor's Department (LCD) - which is in charge of determining pay rates for mental health practitioners - said that although the LCD appreciated the problems that some publicly funded solicitors were beginning to experience, departmental resources did not currently allow for any general increases in remuneration.

'The budget for public funding was overspent by some 23 million last year,' she said.

'Next year's budget is currently being considered, and we will decide whether increased remuneration is necessary.'

A Law Society spokeswoman urged the government to address the issue immediately: 'Mental health lawyers play a vital role in society, offering legal advice and representation to very vulnerable people, and it is essential that the fee rates are sufficient to enable competent lawyers to continue with the work.'

The Legal Aid Practitioners Group said the results were further evidence that the legal aid supplier base is in danger of collapse unless pay rates are increased urgently.

Victoria MacCallum