Ranked in 2 Practice Areas
2

Band 2

Mental Health: Patients

UK-wide

3 Years Ranked

4

Band 4

About

Provided by Emma Silburn

UK

Practice Areas

Mental Health Law including:

Court of Protection

Appeals to Upper Tribunal

Care Programme Approach (CPA) Meetings

Court of Protection (Health and Welfare)

Deprivation of Liberty

Detention under the Mental Health Act

Hospital Managers' Hearings

Nearest Relatives - Rights and displacement

Supervised Community Treatment (Community Treatment Orders)

The Mental Health Tribunal

Forensic Cases - Mentally disordered offenders

Career

I am a solicitor and Head of the Mental Health and Court of Protection departments and specialise in these areas.

I am an Accredited Legal Representative, accredited under the Law Society Mental Capacity Accreditation Scheme.

In the Court of Protection I am regularly instructed by advocates to represent those who are deprived of their liberty and wish to challenge placements in a care home or other authorised setting and represent those who lack capacity, both through the offices of the Official Solicitor as litigation friend, or by myself acting as an Accredited Legal Representative. I can also help family members who are involved in a health and welfare dispute about their family member such as where they should live or who they should have contact with.

I am an Accredited Mental Health Tribunal Member and regularly represent clients detained under the Mental Health Act at tribunals to request their discharge from detention or to assist them with other legal issues.

In relation to those detained under the Mental Health Act, I can attend all necessary care programme approaches (CPAs) or review hearings and progress your case in the best way possible.

I am able to advise both detained persons and ‘nearest relatives’ as to their rights under the Mental Health Act. Should you be unhappy with your ‘nearest relative’ then I can advise on the options for changing/removing them.

Whatever your problem you will have enough time to discuss it with me in detail so that together we can devise the best way to resolve it. I always listen to what my clients want to achieve and have been described as ‘calm’, ‘reassuring’ and ‘sympathetic’.

Chambers Review

Provided by Chambers

UK

Mental Health: Patients - UK-wide

2
Band 2
Individual Editorial

Emma Silburn is head of David Gray Solicitors' mental health and Court of Protection departments. She is recognised for her knowledge of the Mental Health Act and Mental Capacity Act, often representing vulnerable clients in matters involving detention.


Court of Protection: Health & Welfare - UK-wide

4
Band 4
Individual Editorial

Emma Silburn leads the Court of Protection and mental health teams at David Gray Solicitors. She handles a range of health and welfare matters, especially those relating to deprivation of liberty.

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Provided by Chambers

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