Mental Health LAW GUIDES

Advance Decision to Refuse Medical Treatment

This guide provides an introduction to advance decisions to refuse treatment, which are also known as a living will. The article will explain what an advance decision is, how they can be used to refuse medical treatment, how to ensure they are valid,...

The Mental Capacity Act

The Mental Capacity Act 2005 (MCA) determines the actions that should be taken when people are unable to make their own decisions. In other words, the Act set out what should happen when a person lacks the capacity to make decisions for themselves. The...

An Introduction to the Mental Health Act 1983

In the majority of cases, people who receive hospital or mental health facility treatment, do so voluntarily and are referred to as being a "voluntary patient". However, in some instances, a person may be detained (commonly referred to as being sectioned)...

Mental Health Discrimination

Discrimination, whether in social settings, law or the workplace is morally and usually, legally unacceptable. Mental health discrimination refers to the mistreatment of those who have a mental illness or mental health disorder and can include unfair...

Sectioning – A Guide to Being Sectioned

Sectioning is the term that is used to refer to the situation where a person is sent to hospital for mental health treatment under one of the sections of the Mental Health Act 1983. It may be deemed necessary to section you if your mental health condition...

Deputyship - Making Decisions for Someone Who Lacks Capacity

A person who does not have the mental capacity to make decisions on their own behalf can benefit from a deputyship order. The order gives another person (the deputy) the authorisation to make decisions on behalf of the person lacking mental capacity...

An Insight into Mental Health Tribunals

When a patient is detained under the Mental Health Act 1983, they maintain the right to appeal decisions about being sectioned through a mental health tribunal. This means that patients are protected from unfair detainment and have the security of knowing...

Community Treatment Orders (CTOs)

When a person is involuntarily treated in hospital for a mental health illness or is sectioned under certain sections of the Mental Health Act 1983, a responsible clinician may choose to apply for them to be put on a Community Treatment Order (CTO)....

Deprivation of Liberty under the Mental Capacity Act

There are only a limited number of times in which a person's liberty can be taken away from them, and this is defined as a deprivation of liberty in the Mental Capacity Act. This type of action should only be used if it is the least restrictive method...