Mental Health Act Rights

General Rights Under the Mental Health Act

The Mental Health Act has different sections under which a person can be detained (involuntary admission) for treatment or assessment. Your rights will vary depending on which section you're detained under, but key rights are common to all sections:

Right to Information and Advocacy

• Right to be informed: If you are detained, you have the right to be informed of your rights and reasons for your detention in a way that you can understand.

• Right to an advocate: You are entitled to have an advocate to support you during your detention or treatment. An Independent Mental Health Advocate (IMHA) can help you understand your rights, explain procedures, and represent your interests, especially when it comes to decisions about your care and treatment. You are entitled to an advocate regardless of whether you are detained under the Mental Health Act or not.

Right to Appeal or Challenge Detention

• Appealing to the Mental Health Tribunal (MHT): If you are detained under certain sections (e.g., Section 2 or Section 3), you can appeal your detention to an independent Mental Health Tribunal. This is a panel of people (including doctors and lay members) who decide whether your detention is justified.

• Section 2: Can last for up to 28 days for assessment and treatment.

• Section 3: For treatment, and can last up to 6 months, then extendable.

• Right to challenge in court: If your detention or treatment under the Act is believed to be unlawful, you can apply to the High Court for a judicial review.

Right to Treatment

• Right to the least restrictive treatment: You have the right to receive treatment in the least restrictive setting, meaning that your care and treatment should be provided in a way that causes the least disruption to your life, privacy, and freedoms.

• Appropriate treatment: The treatment should be suited to your specific condition. Healthcare professionals must take your needs into account when determining the type of treatment you receive.

Mental Health Act Sections and Their Impact

Section 2: Assessment (Up to 28 Days)

• Purpose: Section 2 allows for the involuntary admission of someone to a mental health hospital for assessment and possibly treatment for up to 28 days. You can only be detained if two doctors agree that you need to be assessed for a mental health condition.

• Your Rights: During this period, you have the right to an Independent Mental Health Advocate (IMHA), the right to appeal to the Mental Health Tribunal, and the right to appropriate treatment.

Section 3: Treatment (Up to 6 Months, Extendable)

• Purpose: Section 3 allows for involuntary admission for treatment for a period of up to 6 months. The decision to detain someone under this section is based on the need for treatment for a mental health condition, and two doctors must agree that detention is necessary.

• Your Rights: You have the right to be informed of your treatment plan, to request a second opinion, and to appeal to a Mental Health Tribunal. You also have the right to an IMHA.

Section 4: Emergency Admission (Up to 72 Hours)

• Purpose: Section 4 is a shorter-term emergency detention (up to 72 hours) that allows for quick assessment if a person is in urgent need of treatment. This is typically used when someone needs immediate psychiatric assessment but cannot be detained under Section 2 due to time constraints.

• Your Rights: As with Section 2, you can request an IMHA and appeal the detention to a Mental Health Tribunal (although in urgent cases, the process may be more complicated).

Section 5: Holding Power (Up to 72 Hours)

• Purpose: This section allows medical professionals to detain a patient temporarily (up to 72 hours) to assess whether they should be formally detained under Sections 2 or 3.

• Your Rights: You have the right to challenge the detention and can request an IMHA.

Section 136: Police Power (Up to 24 Hours)

• Purpose: This allows the police to detain someone in a public place if they believe the person is suffering from a mental disorder and is in need of immediate care or treatment. The person can be held in a place of safety (like a hospital) for up to 24 hours for assessment.

• Your Rights: You have the right to appropriate care and treatment. You also have the right to an IMHA to ensure your rights are upheld during the assessment process.

Additional Rights and Considerations

• Personal Dignity and Privacy: You have the right to dignity and privacy in hospital settings. This includes having your individual needs respected.

• Right to Medication and Treatment Options: You are entitled to receive information about your treatment options, including medication. If you have concerns about taking medication (a common issue for people with sensitivities or side effects), these should be discussed and considered in your treatment plan.

• Right to Make Complaints: If you feel that your rights are being violated or that your needs are not being met, you can make a formal complaint through the hospital’s complaint procedure or seek support from an IMHA or advocacy service.

Final Thoughts

Under the Mental Health Act, individuals have a wide range of rights to protect their dignity, well-being, and access to appropriate care. You are entitled to advocacy, specialised care, and reasonable adjustments to ensure that your needs are met.

If you ever feel that your rights under the Mental Health Act are not being respected or that your treatment is inappropriate, don't hesitate to seek out an IMHA, legal advice, or support services like Mind, Rethink Mental Illness, or advocacy organisations in your area.