Mental Health Act
In most cases when people are treated in hospital or another mental health facility, they have agreed or volunteered to be there. They may be referred to as a voluntary patient.
But there are cases when a person can be detained, also known as sectioned, under the Mental Health Act (1983) and treated without their agreement.
The Mental Health Act (1983) is the main piece of legislation that covers the assessment, treatment and rights of people with a mental health disorder. You can read the Mental Health Act on the government legislation website. It's important that you know your rights!
Right to an Independent Mental Health Advocate (IMHA) to assist you with decisions relating to hospital admission, care and / or treatment.
The patient can either refer themselves to the Advocacy Service or ask ward staff to do it – there should be posters on the ward from the Advocacy Service with their contact details listed. Also, an Advocacy leaflet is given to the patient by ward staff when their rights are explained to them. The patient may approach an advocate when they are visiting the ward. If the patient is assessed as lacking capacity to consent to/understand the remit of advocacy, ward staff should make a referral in the patients best interests.
Right to an Independent Associate Hospital Manager’s hearing to review your detention under the MHA.
Patients can request this in writing. The request should be addressed to the “Hospital Managers” and sent to the Mental Health Law Administrator’s office. Staff can support patients to do this. The wording may include a review of detention or appeal against detention.
Right to an Independent Mental Health Tribunal to review your detention under the MHA.
There is a form available that patients can complete in order to appeal to the tribunal for their detention to be reviewed. A copy of this can be provided by ward staff and they may assist the patient to complete the form, which should then be sent to the tribunal service. Alternatively, patients may instruct a solicitor from an approved list to appeal to the tribunal on their behalf. Ward staff should have a copy of the Law Society approved list, if not they can obtain a copy from the Mental Health Law Administrator’s office.
Right of your nearest relative to apply for your discharge from detention under the MHA (requires 72 hours written notice, submitted to the Trust’s Hospital Managers).
Nearest Relatives are advised of their rights under the Mental Health Act when their loved one is detained. The Mental Health Law Administrator will write to the Nearest Relative and provide them with a copy of their rights. If the Nearest Relative wishes to apply for their loved one’s discharge, they must do this in writing addressed to the Hospital Managers. Ward managers or nurses in charge of the ward can receive these letters and pass them immediately to the Mental Health Law Administrators.
