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Important victory for eligibility of Legal Aid in England for those challenging decisions to detain them under the Mental Capacity Act

A firm of Solicitors in England and Wales has forced a concession from the Department of Justice regarding the provision of Legal Aid under the new system. A decision was taken to remove from eligibility patients who were challenging decisions by the authorities to detain them under the Mental Capacity Act.
London firm Creighton & Partners, acting pro bono, asked the Court of Protection to consider the legality of regulations introduced in April that stopped legal aid for a detained person once a court began considering the case.
The Judge noted that although the Court of Protection could not direct a change in the regulations, it could refer the matter to the Administrative Court which did possess such powers. It was at this stage of proceedings the Department of Justice accepted it should reverse the changes that came into force in April 2013. Please click here for more information.

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