Mental Health LAW GUIDES
Mental health is a complex area of law which aims to govern and protect the rights of individuals with mental health problems. On this page, you will find mental health law guides which aim to explain the law in this area in plain and simple language. This includes detention under the Mental Health Act 1983, and decision making for those that lack mental capacity under the Mental Capacity Act 2005.
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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...
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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...
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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...
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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...
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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...
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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...
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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...
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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...
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An Introduction to the Mental Health Act 1983
In the majority of cases, people who receive hospital or mental health treatment facility, do so voluntarily and are known as being a "voluntary patient". However, in some instances, a person may be detained (commonly referred to as being ‘sectioned)...
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