Mental Health LAW GUIDES

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...

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)...

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...

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...

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...

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...

Deprivation of Liberty

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...

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...

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...