Your Rights - Mental Health Act

The Mental Health Act 1983

The Mental Health Act 1983 provides a statutory framework for the care of people with a mental disorder who are considered to require assessment, or assessment followed by treatment, if necessary, under compulsion .The Act requires that, before a person may be detained ('sectioned') an Approved Mental Health Professional (a mental health professional who has been approved by the local social services authority) must make an application, supported by recommendations from two doctors, one of whom must be approved as a practitioner with special experience in the diagnosis and treatment of mental disorder, to a hospital which provides appropriate treatment for mental disorder.

Guidance on use of the Mental Health Act is provided by a Code of Practice published by the Department of Health and supported by guidance notes produced by the Care Quality Commission. Further information and guidance notes published by the Care Quality Commission . Information and publications about the Mental Health Act and Code of Practice are available from the Department of Health

Trust policies and procedural guidance on the use of the Mental Health Act can be accessed by viewing Our Policies

Right of Appeal against Detention

The Mental Health Act 1983 provides important rights for the protection of detained patients, including the right of appeal to the Mental Health Tribunal and Hospital Managers - application forms and further information about the right of appeal against detention are available from the Mental Health Act Office at each of our hospital sites. Further information is available from the Mental Health Tribunal Service or by writing to:

The Tribunals Service (Mental Health)

PO Box 8793
5th Floor
Leicester
LE1 8BN

(tel. 0116 249 7255)

Advocacy

People who are detained under the Mental Health Act, including people under Guardianship and Supervised Community Treatment, have the right to be supported by the Independent Mental Health Advocacy Service (IMHA). Procedural guidance concerning the IMHA service is available from this website. Further information about the role and responsibilities of the IMHA service is available from Department of Health

 

What Happens when you are detained under the Mental Health Act?

You can find further information about the Mental Health Act 1983, the Code of Practice, Trust policies on the Act and Guidance notes from the Care Quality commission by searching this web site. Alternatively you can download all of this information from the Department of Health and the Care Quality Commission

If you require further information or advice concerning use of the Mental Health Act in this Trust you can write to:

The Mental Health Act Manager, Manchester Mental Health and Social Care Trust, Chorlton House, 70 Manchester Road, Chorlton cum Hardy, M21 9UN

You can also phone on (0161) 277 1118