Rights and laws

One of the most common questions put to our National Advice Service is ‘what are my rights?’

Most people want to know where they stand, especially if they feel something is going wrong in relation to their care or treatment or at work. In recent years, new laws have been introduced in England and Wales which mainly improve the position of users and carers.

This includes the Human Rights Act (2000), the Disability Discrimination Act, originally passed in 1995 but since amended, and the Mental Capacity Act 2005. Further information on the Mental Capacity Act can be found at Mental Capacity Act from the Office of Public Guardian, who also published Making Advance Decisions .

The Mental Health Act 1983 covers compulsory detention in hospital (or 'sectioning'). An amendment to the Act in 2007 made some changes to the rights of those detained.

In this section, we provide some basic information about all of this legislation and also rights which have been established through the courts.

National Advice Service

Many questions do to with mental illness that are legal in their nature can be very complicated to resolve and may often require specialist input to manage. At the National Advice Service we can try to help with your enquiry or will refer you on to someone who may be able to help if you need specialist input or legal representation.

The National Advice Service also produces factsheets on issues related to mental illness. You may find the below information useful:
Access to health records factsheet (57 kb) [pdf]
Clinical negligence factsheet (60 kb) [pdf]
Confidentiality factsheet (51 kb) [pdf]
Detention under MHA factsheet (84 kb) [pdf]
Disability Discrimination Act factsheet (97 kb) [pdf]
Discharge under MHA factsheet (61 kb) [pdf]

Rights to NHS treatment factsheet (66 kb) [pdf]
Second opinion factsheet (100 kb) [pdf]

The MH Act, essential information for parents and carersOrder 'The MH Act, essential information for parents and carers' from www.mentalhealthshop.org or download it here The MH Act, essential information for parents and carers.pdf (225 kb) [pdf]