ACTION: MHLA claims fixed-fee scheme for mental health work breaches human rights


The Mental Health Lawyers Association (MHLA) has launched judicial review proceedings against the Legal Services Commission (LSC) over its decision to introduce a fixed-fee scheme for mental health work.



The MHLA has accused the LSC of breaching both the European Convention on Human Rights (ECHR) and the Disability Discrimination Act. It has also accused the LSC of acting 'unlawfully and irrationally' and, even when consulting with the profession, providing information that was 'opaque and confusing'.



Saimo Chahal, a partner in the public law and human rights department at London firm Bindman & Partners, has been instructed by the MHLA to bring the case. She said that mental health clients with complex cases requiring specialist knowledge would, under the fixed-fee scheme, find it impossible to get good quality specialist advice. This would deny them access to justice in breach of the ECHR, she added.



Ms Chahal said: 'Patients in mental hospitals are entitled to regular reviews of their detention. Their freedom is at stake, and it's essential that the process is carried out to the best of their lawyer's ability. But the fixed-fee scheme will not permit enough time to prepare for and deliver adequate representation.'



She added that the MHLA had repeatedly made this point to the commission and supported its argument with figures, but had been 'ignored'. She also alleged that the LSC was in breach of disability discrimination legislation in that no impact assessment had been made regarding the effect the scheme would have on access to justice for mentally ill patients.



MHLA chairman Richard Charlton said: 'The proposed fixed-fee scheme will lead to the collapse of representation for arguably the most disadvantaged people in society, who will be left without a voice to speak against detention and compulsory treatment.'



Sophy Miles, a mental health law specialist at Miles & Partners in London, said: 'These proceedings are a last resort to prevent the LSC imposing a scheme which will prevent people detained in hospital from enforcing their rights.'



An LSC spokesman said: 'We are aware of the proceedings brought by the MHLA and intend to defend them. According to our impact assessment, the majority (75%) of mental health providers nationally could see an increase in their average cost per case under the scheme.



'There will also be provision for exceptional cases to escape the fees. As a result of consultation, the exceptional case escape threshold - when cases will be paid at hourly rates - was reduced from four times to three times the total fixed fees for the case.'



Jonathan Rayner