TABLE OF CONTENT
Understanding the Legal Rights of Mental Health Patients in the UK
The UK population faces a higher risk of mental health problems than ever. This is why the government has taken solid steps to ensure the legal rights of mental health patients UK. One of the important pieces of legislation is the Mental Health Act (MHA).
According to a report, about 1 in every 4 people experience any kind of psychic disorder in England. The same report suggests that 1 in 6 persons has a common mental disorder (CMD). These statistics also represent a significant increase in the cases of CMD and other psychological problems between 1993 and 2014.
The most common reasons for an increased incidence of mental health problems include:
- Loneliness or social isolation
- Debt or poverty
- Childhood trauma or abuse
- Long-term stress
- Poor housing or homelessness
- Drug abuse or alcoholism
- Domestic violence
- Head injury or neurological disorders
This scenario demands a thorough understanding of the legal rights and mental health patient advocacy UK provides.
Legal Rights of Mental Health Patients UK
Mental health laws in the UK aim to help patients receive appropriate care.
The Role of the Mental Health Act (MHA)
MHA was formulated in 1983 and updated in 2007. This act provides necessary guidelines for treating psychologically challenged people in the UK. It also elaborates on your right to access a mental health advocate. That advocate will help you understand your rights under the MHA.
The MHA provides a basic framework to address mental health issues nationwide.
“This is a significant moment in how we support those with serious mental health issues, which will give people more autonomy over their care and will tackle disparities for all who access services, in particular for people from minority ethnic backgrounds.”
Matt Hancock – Health and Social Care Secretary
The MHA has several sections that dictate the type and level of treatments for specific mental issues. A patient admitted under a section of MHA is referred to as ‘being sectioned.’
The Mental Health Act regulates the rights of detained mental health patients UK in the following ways:
- It authorises relevant departments to detain you without your will if you are at risk of harming yourself or others.
- It may revoke mental health patient consent rights UK, meaning your right to refuse treatment can be withdrawn.
- It allows mental health experts to decide how long you must stay in the hospital.
- It only declares detention as an option when no other viable option is left.
What Does ‘Being Sectioned’ Under MHA Mean?
Being sectioned under the MHA means being detained. This happens when authorities find that you pose a risk to yourself or others around you. It allows police to enter your home by force, if required, and detain you under Section 135. If they find you in public with a disorder that must be controlled, they may detain you under Section 136.
You will likely be taken to a safe place where an approved mental health professional will assess you. This assessment can last 24 to 36 hours.
Some MHA sections regulate the course of action when you are already in the hospital. Those include:
- Section 5 (4): Under this section, nurses are given the authority to detain you for 6 hours.
- Section 5 (2): It involves nurses calling in a deputy to detain you. It also gives doctors the autonomy to detain you for 72 hours.
Other important sections include the following:
- Section 2: Authorities may detain you for a short time assessment and, possibly, treatment. The detention under this section can last up to 28 days max.
- Section 3: You will only be detained under this section when appropriate treatment is available. This detention can be long-term, i.e., for up to 6 months. Your doctor may renew the detention for 6 months for the second time and 12 months for any number of times afterward.
Community Treatment Orders (CTOs)
A CTO is issued when you are discharged from a hospital after a detention. It is an order from a responsible clinician recommending supervised treatment in the community. This essentially means that you are stable enough to leave the hospital but still require treatment. If your clinician finds it necessary, they may ask you to return to the hospital for further treatment.
A CTO is applicable only when you have an ongoing treatment at the hospital under the following sections:
- Section 3
- Section 37 (hospital order)
- Section 47 (direction for unrestricted transfer)
A CTO can last up to 6 months. Your clinician can renew this order if they find it crucial.
Rights to Aftercare Services Post-Discharge
People receiving mental health treatment under the Mental Health Act may get aftercare assistance. This assistance falls under section 117. It is applicable to individuals who have been treated under Sections 3, 37, 47, 48, and 45A.
Conclusion
The government offers comprehensive assistance to fulfill legal protections for mental health patients UK. However, knowing those rights may require help from a qualified advocate.
You and your advocate can benefit greatly from a detailed psychology report. This is where Concise Medico can help. Our board-certified, experienced psychologists provide you with detailed, accurate witness reports.
Understanding the Legal Rights of Mental Health Patients in the UK
The UK population faces a higher risk of mental health problems than ever. This is why the government has taken solid steps to ensure the legal rights of mental health patients UK. One of the important pieces of legislation is the Mental Health Act (MHA).
According to a report, about 1 in every 4 people experience any kind of psychic disorder in England. The same report suggests that 1 in 6 persons has a common mental disorder (CMD). These statistics also represent a significant increase in the cases of CMD and other psychological problems between 1993 and 2014.
The most common reasons for an increased incidence of mental health problems include:
- Loneliness or social isolation
- Debt or poverty
- Childhood trauma or abuse
- Long-term stress
- Poor housing or homelessness
- Drug abuse or alcoholism
- Domestic violence
- Head injury or neurological disorders
This scenario demands a thorough understanding of the legal rights and mental health patient advocacy UK provides.
Legal Rights of Mental Health Patients UK
Mental health laws in the UK aim to help patients receive appropriate care.
The Role of the Mental Health Act (MHA)
MHA was formulated in 1983 and updated in 2007. This act provides necessary guidelines for treating psychologically challenged people in the UK. It also elaborates on your right to access a mental health advocate. That advocate will help you understand your rights under the MHA.
The MHA provides a basic framework to address mental health issues nationwide.
“This is a significant moment in how we support those with serious mental health issues, which will give people more autonomy over their care and will tackle disparities for all who access services, in particular for people from minority ethnic backgrounds.”
Matt Hancock – Health and Social Care Secretary
The MHA has several sections that dictate the type and level of treatments for specific mental issues. A patient admitted under a section of MHA is referred to as ‘being sectioned.’
The Mental Health Act regulates the rights of detained mental health patients UK in the following ways:
- It authorises relevant departments to detain you without your will if you are at risk of harming yourself or others.
- It may revoke mental health patient consent rights UK, meaning your right to refuse treatment can be withdrawn.
- It allows mental health experts to decide how long you must stay in the hospital.
- It only declares detention as an option when no other viable option is left.
What Does ‘Being Sectioned’ Under MHA Mean?
Being sectioned under the MHA means being detained. This happens when authorities find that you pose a risk to yourself or others around you. It allows police to enter your home by force, if required, and detain you under Section 135. If they find you in public with a disorder that must be controlled, they may detain you under Section 136.
You will likely be taken to a safe place where an approved mental health professional will assess you. This assessment can last 24 to 36 hours.
Some MHA sections regulate the course of action when you are already in the hospital. Those include:
- Section 5 (4): Under this section, nurses are given the authority to detain you for 6 hours.
- Section 5 (2): It involves nurses calling in a deputy to detain you. It also gives doctors the autonomy to detain you for 72 hours.
Other important sections include the following:
- Section 2: Authorities may detain you for a short time assessment and, possibly, treatment. The detention under this section can last up to 28 days max.
- Section 3: You will only be detained under this section when appropriate treatment is available. This detention can be long-term, i.e., for up to 6 months. Your doctor may renew the detention for 6 months for the second time and 12 months for any number of times afterward.
Community Treatment Orders (CTOs)
A CTO is issued when you are discharged from a hospital after a detention. It is an order from a responsible clinician recommending supervised treatment in the community. This essentially means that you are stable enough to leave the hospital but still require treatment. If your clinician finds it necessary, they may ask you to return to the hospital for further treatment.
A CTO is applicable only when you have an ongoing treatment at the hospital under the following sections:
- Section 3
- Section 37 (hospital order)
- Section 47 (direction for unrestricted transfer)
A CTO can last up to 6 months. Your clinician can renew this order if they find it crucial.
Rights to Aftercare Services Post-Discharge
People receiving mental health treatment under the Mental Health Act may get aftercare assistance. This assistance falls under section 117. It is applicable to individuals who have been treated under Sections 3, 37, 47, 48, and 45A.
Conclusion
The government offers comprehensive assistance to fulfill legal protections for mental health patients UK. However, knowing those rights may require help from a qualified advocate.
You and your advocate can benefit greatly from a detailed psychology report. This is where Concise Medico can help. Our board-certified, experienced psychologists provide you with detailed, accurate witness reports.
