A Merseyside firm has commenced legal proceedings on behalf of two clients challenging the Legal Services Commission’s attempt to restrict their right to choose their own solicitor.

In judicial review proceedings, RMNJ claims the LSC acted ‘unlawfully’ by not allowing the clients to choose their own lawyer, and by failing to undertake impact assessments.

Both clients are patients detained at Rampton Hospital under the Mental Health Act 1983. They have been represented by Alan Hazlehurst, a partner at RMNJ, for the last six years.

In the most recent tender, the firm failed to win a contract to allow it to continue providing advice for patients at Rampton, although it did win contracts to perform work at the two other high-security hospitals.

Last year RMNJ and Birmingham firm Public Interest Lawyers sought a judicial review of the tender process for the award of new contracts for high-security hospital work.

Although the firms lost aspects of that challenge, the High Court ruled that the LSC was obliged to comply with a duty to ensure equality for disabled clients where the result of the tender meant that they would be forced to change law firm.

Mr Justice Cranston said in his judgment last year that the LSC should carry out an impact assessment of the tendering process and take steps to minimise the distress caused to patients as a result of its outcome, putting in place some transitional arrangements.

The impact assessment has not yet been provided, but an LSC spokesman said it would be published by 1 July.

He said the LSC will respond to RMNJ’s proceedings in due course.