Sustainability of mental health legal aid services
Tabled 6 July 2026 by Mr Adnan Hussain
That this House recognises the essential work undertaken by specialist mental health legal aid practitioners in safeguarding the liberty, dignity and legal rights of people detained under the Mental Health Act 1983; notes that those practitioners represent some of the most vulnerable people in society in proceedings determining whether their detention should continue; further notes that the Mental Health Act 2025 strengthens patients’ rights and is expected to increase the need for timely and specialist legal advice and representation; is deeply concerned that mental health legal aid remuneration has not kept pace with inflation, rising operating costs, increased administrative requirements or the specialist accreditation and expertise required of practitioners; also notes reports that experienced practitioners are leaving the sector and that specialist practices, including providers serving Blackburn and the wider North West, are struggling to remain financially viable; believes that the closure of those practices would leave vulnerable patients without timely access to specialist legal advice and representation, resulting in potential delays in patients being discharged, delay hearings and undermine the practical effectiveness of the safeguards provided by Parliament; is concerned that the Legal Aid Agency mileage rate remains at 45 pence per mile despite the approved HMRC mileage rate having increased to 55 pence per mile from 6 April 2026; and calls on the Government urgently to review and increase mental health legal aid fees, uprate travel and mileage payments, and establish a mechanism for regular index-linked reviews.