Every detained patient has the right to a legal representative (covered by free legal aid).
The MHC allocates legal representatives. A patient can ask at any time for a different legal representative from the panel. The MHC will agree to this request. A patient can also appoint their own private solicitor. If a patient appoints their own solicitor they must pay the costs themselves.
The MHC created an approved panel of legal representatives under the “Mental Health Legal Aid Scheme 2005”. The MHC is responsible for choosing legal representatives and maintaining the panel. A legal representative cannot also be on the panel of chairpersons. There were 93 active legal representatives on the panel on 1 April 2025.