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10.4The mental health category of law is defined as:
•Cases under LASPO Sch 1 Pt 1 para 5 – services in relation to:
•Mental Health Act 1983;
•Mental Capacity Act 2005;
•Repatriation of Prisoners Act 1984 Sch para 5(2).
10.5Court of Protection work is permitted by virtue of the inclusion of the Mental Capacity Act 2005, but LASPO Sch 1 Pt 3 para 4 says that advocacy in the Court of Protection is only permitted where the proceedings concern:
•right to life;
•liberty or physical safety;
•medical treatment;
•capacity to marry, enter a civil partnership or enter sexual relations;
•right to family life.
10.6For any other matter, advice will be in scope but not representation. Where representation can be justified, an application for exceptional funding can be made (see chapter 4), and the category definitions confirm that that will be treated as mental health work.