Assessment and Treatment Unit Solicitors

Assessment & Treatment Units (ATU) used to be known as mental health units.

They’re “inpatient” settings that protect people who might be a harm to themselves or others. They may detain people in accordance with the Mental Health Act 1983 or the Mental Capacity Act 2005.

Sometimes, admission to an ATU is a last resort when community services break down and the person has no other place to go to. They provide short-term secure placements until the person can return home with a care package.

Sadly, ATUs don’t always make the perfect call for each individual, especially where complex needs are involved.

Unfortunately, there are instances where people are detained for longer than needed, often due to a lack of community housing, suitable care, or funding.

At worst, people in ATUs have been subjected to abuse or neglect (Winterbourne View, Whorlton Hall). Our specialist human rights solicitors have personally worked on many of these cases, helping people who:

• Were inappropriately detained in an ATU
• Were under threat of admission to an ATU
• Were given a community placement that was unsuitable for their needs
• Experienced human rights violations, poor, or inappropriate treatment in a hospital or ATU
• Were detained subject to a legal framework which is not the least restrictive to meet their needs
• Were unlawfully held in an ATU because their local authority or Clinical Commissioning Group didn’t find them a suitable home
• Have experienced a failure to draft or implement appropriate aftercare provision as owed by the duties in s117 of the Mental Health Act 1983

We can also help when there’s a dispute about the person’s mental capacity to decide where to live, or a dispute over their best interests.

Our expert team of human rights solicitors can help make sure that people get the care and support they need. We can also help you get answers from the local authority, Clinical Commissioning Group or NHS body that is responsible for their care. We can help negotiate for a care package to be arranged in the community so that the person can live in a home, not a hospital.