Know Your Rights

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Know your rights

A guide to the easy read fact sheets for
the Mental Health Act Code of Practice
This newspaper is for patients,
friends and families who want to
know more about the Mental Health
Act Code of Practice and their rights.
In the newspaper you will find the
Key facts from 16 fact sheets.
The Department of Health made
these fact sheets to help explain the
Mental Health Act Code of Practice.
The fact sheets were
made because of a
report called
Transforming Care: A
national response to
Winterbourne View.
The report said the Code of

Practice must:
be more accessible
give clear information about your
rights under the Mental Health Act

explain the rules professionals
should follow when working with
people and families.
There are also 4 films
to help you understand
your rights:
Tribunals
Family friends and carers
Care and treatment
Cultural and other needs
You can download and read the fact sheets and watch the videos on the
Department of Health website at: www.nhs.uk/easy-mentalhealthact
www.nhs.uk/easy-mentalhealthact
Know your rights
The Mental Health Act Code of Practice
Code of Practice plain

English glossary
Words in the Mental Health Act Code of Practice
and what they mean in plain English.
)) Absent without leave leaving
a ward for any amount of time
without permission from the
hospital.
)) Deputy A Deputy is someone

appointed by the Court of
Protection to make decisions for
someone who lacks mental capacity.
)) Advance Statement An advance

statement lets staff know how you
want to be treated if you are unable
to make a decision for yourself.
)) Detention Detention means

being held in a hospital for
assessment or treatment. This is
sometimes called being sectioned.
)) Attorney An attorney is someone

that you appoint to make decisions
on your behalf. They can make
decisions about your welfare,
money and housing.
)) Discharge from hospital Being

discharged means you can leave
the hospital.
)) Capacity Capacity, also called

Mental Capacity means being able
to make a decision at the time it is
needed.
)) Confidentiality Confidentiality
means keeping your information
private. Sometimes your
information will need to be shared
with other people (such as doctors
or Tribunals) but you should be
asked to give your permission.
)) Guardianship A guardian can be

appointed to help and supervise
people in the community. A
guardian could be an organisation
(like a local authority) or a person,
approved by the local authority.
)) Hospital managers Hospital
Managers are the non-executive
directors of the hospital where you
are detained. They can also make
decision about when to discharge
people from the hospital.
)) Consent Consent means giving

your permission. This could mean
giving your permission to sharing
information or having treatment.
)) Independent Mental Health

Advocacy is being supported by
a person that is called an Advocate
to have your voice heard and
understand your rights.
)) Court of Protection The Court of

Protection was set up as part of the
Mental Capacity Act. It protects the
rights of people who do not have
Mental Capacity.
)) Leave of Absence this means

having permission to leave the
ward for a period of time. You
might be able to go on your own,
with a friend or a member of staff.
)) Mental Disorder is any disorder

or disability of the mind. It includes
personality disorders, autistic
spectrum disorders and learning
disabilities.
)) Nearest Relative A nearest
relative is a term used in the Mental
Health Act. It gives someone
from your family rights and
responsibilities if you are detained
under the Act, on a community
treatment order or a guardianship.
)) Responsible Clinician The
Responsible Clinician is someone
in charge of your overall care and
treatment while you are in hospital.
)) Restraint Restraint means being
physically held by members of staff
)) Seclusion Seclusion is a room
that is designed for Seclusion, it is a
safe place people can be held until
they are calm.
)) Treatment Treatment means
how you will be helped to get better.
Treatment could include the use
of medication, talking therapies or
getting involved in activities.
)) Tribunal A tribunal is an
independent panel of people who
can make a decision whether you
should remain in hospital or not.
You or your solicitor can apply to
the Tribunal for a hearing.
An easy read fact sheet
Code of Practice
plain English
glossary
Words in the Mental
Health Act Code of
Practice and what they
mean in plain English.
Know your rights
The Code of
Practice plain
English glossary
is available on the
nhs website.
The Mental Health Act

Code of Practice
For a full list of

words and terms used by Mental
Health professionals visit:
www.bit.ly/MH_language
Its all on the website: www.nhs.uk/easy-mentalhealthact
Know your rights
Information you
must be given
This fact sheet is about
your right to know why
you must stay
in hospital.
Know your rights

Code of Practice
Information you
must be given
you must stay in hospital.
Key facts
You should be given information about
When you are detained you must be told:

)) Which section of the Mental Health Act you
are detained under
)) What rights (if any) your Nearest Relative
has to help you be discharged and what
can happen if your responsible clinician
does not agree with that decision
)) How to get help from an Independent
Mental Health Advocate.
being detained in hospital.
The information should be given to you in

a way you understand.
There are certain things you must be told
about, we have written about them below.
Ask for help to understand the
information from an Independent Mental

Health Advocate or someone you trust.
Your right to information
You must also be helped to understand:
If you are detained under the Mental Health

Act you must be given information to help you
understand how the Act applies to you.
)) Why you have been detained
The information should be given to you in a

way that you will understand, things like:
)) How to get legal advice.
)) plain English,
)) About the Care Quality Commission
)) Braille,
)) Your right to be considered for a discharge,

including applying to a Tribunal, what this is
and does and how to access it.
)) Easy Read or
)) information in
another language
)) The longest time you can be detained for

and how that time might be made longer.
)) How to make a complaint.
)) You should be told about your rights on a

regular basis.
)) An Independent Mental Health Advocate
can help you understand your rights and
support you.
Know your rights
Good questions to ask

when someone is detained
Questions for your

family to ask when
you are detained
Questions for your
family to ask if you
are detained under
the Mental Health
Act.
Know your rights

Code of Practice
Information on this page comes from the

fact sheet Questions for your family to
ask when you are detained. Sometimes
its difficult to know the right questions
to ask. In this fact sheet we suggest some
questions for families to ask hospital staff.
Why is my relative in
hospital?
Is there any help with

travel costs?
Who will be looking after

them?
Can my relative visit me at

my home?
Do they have to stay in

hospital?
Who decides when they

leave?
What care and treatment is

my relative getting?
If you are the nearest

relative do you know
your rights?
What do they think it will

achieve for my relative
How do I visit and stay in
touch?
Are there restrictions
placed on my visits, can I
take my relative out?
What is the plan of

treatment?
How long will it last, or
what will things need to
look like before my relative
can leave?
How will I be involved in

these decisions?
Who can help my relative
speak up when I am not
there?
How are you going to keep
my relative safe?
What do I do if I dont
feel my relative is safe,
or getting the care and
treatment they need?
What restrictions might my
relative experience?
Will I be told when
restrictions have been
used?
What do we do if my
relative is discharged
before he/she is well again?
Will my relative be given
ECT (Electro Convulsive
Therapy)?
How do I make a
complaint?
Will my relative be able to
move to a hospital near me?
What support will my

relative get when they
leave?
How long will that last for?
What can I do if I feel they
need further help?
How will my relative
be involved in these
decisions?
Know your rights
People making
decisions for
you
What you need to know
about people making
decisions for you.
Know your rights

Code of Practice
People making
decisions for you
about people making
decisions for you.
Guardianship
Detention
Also called Sectioned
This fact sheet is
about detention and
your rights. Detention
is when you have to
stay in hospital.
Know your rights

Guardianship and your
rights.

Code of Practice
Key facts
Key facts
A Lasting Power of Attorney is someone
Guardianship is used to help you live
you say can make some decisions for you

in the future.
The law tells you how to create a Lasting
Power of Attorney. You must do what the

law says.
The Court of Protection can also decide on
outside of hospital.
Your Guardian can decide things for you,

like where you live.
You can ask your Independent Mental
Health Advocate to help you understand

about your Guardianship.
someone to make plans for you and that

is called a Deputy
This can be hard to understand and
you should ask for help from your

Independent Mental Health Advocate or
someone else you trust.
Visiting
Visiting
This fact sheet is about your
right to have visitors when
you are detained in
hospital.
Know your rights

Code of Practice

your right to have
visitors when you are
detained in hospital.
Key facts
You can have visitors.
Your visitors can be very important in
giving you support.
There are different rules for different

wards.
There will be things your visitors can and
can not bring you. The staff and your

Independent Mental Health Advocate can
help you understand this.
Detained under the Mental Health Act

You may have questions...
Why am
I here?
How long
for?
Do I have
to stay?
What if
I dont
agree?
You can ask

for more
information
Ask for
the Code
of Practice
The easy read Code of Practice

helps you understand your rights.
Know your rights
Know your rights
Detention
Detention
This fact sheet is
about detention and
is when you have to
stay in hospital.
Know your rights

Code of Practice

detention and your
rights. Detention is
when you have to stay
in hospital.
Detention
This fact sheet is
about detention and
is when you have to
stay in hospital.
Know your rights

Code of Practice
Your treatment
and Care Plan
This fact sheet tells you
about your medical
treatment and your
rights.
Key facts
Key facts
Detention is sometimes called Sectioned.

Detention means being made to stay in
If you are detained in hospital you will be
hospital.
The rules of the Code of Practice must

be followed if you are made to stay in
hospital.
You can be detained in hospital for

assessment or for treatment.
Other ways of supporting you in the
community should be talked about before

Detention.
You can ask your Independent Mental
getting Medical Treatment.
Your Medical Treatment will be written

down in a CarePlan.
Sometimes you can be given treatment
without your consent. Consent is when

you say its OK to do something.
You should be shown your CarePlan and

asked what you think.
Your Independent Mental Health
Advocate can help you understand your

treatment.
Health Advocate to
help you understand
your Detention.
Know your rights
Sharing your
information with
professionals
This fact sheet is
about your rights
and sharing your
information with
professionals.
Sharing your
information with
professionals

your rights and sharing
your information with professionals.
Detention
This fact sheet is
about detention and
is when you have to
stay in hospital.
Know your rights
Know your rights

Code of Practice

Code of Practice
Key facts
information.
They should ask you first.

But they can share some information even
if you say no.
Your Independent Mental Health

Advocate can help you understand this.
Everyone is equal
Everyone is
equal
This fact sheet is
about people being
equal and your rights.
Know your rights

Code of Practice
This fact sheet tells

you about leaving the
hospital ward where
you are detained.
Key facts
Leave means being able to leave
Sometimes the hospital can share your
Leaving the ward


people being equal and
your rights.
Key facts
The Equality Act is a law.

The Equality Act says all people should
the ward you are detained on
There are different kinds

of Leave and sometimes
you might have to go
with staff
You may be given
Leave in the hospital

grounds or the
local community
Your Leave
is decided
by your
Responsible
Clinician
Your
Independent
Mental Health
Advocate
can help you
understand this.
be treated fairly.
The Equality Act says if you have a
disability they might have to change

things for you.
You can ask staff at the hospital how
they make sure they follow the Equality

Act.
Know your rights
Questions to ask
when you are
detained
Questions for you to
ask if you are detained
under the Mental
Health Act.
Questions to ask
when you are
detained
Code of Practice
plain English
glossary
Words in the Mental
Health Act Code of
Information you
must be given
you must stay in hospital.
Questions for you to ask

if you are detained under
the Mental Health Act.
Key facts
Key facts
You should be given information about
Know your rights
Know your rights

Code of Practice

Code of Practice
Why am I here how will hospital
help me?
Do I have to stay?
How long do I have to stay?
How can I stay in touch with my
friends and family?
Questions for your

family to ask when
you are detained
Questions for your
are detained under
the Mental Health
Act.
Know your rights

Code of Practice
being detained in hospital.
The information should be given to you in

a way you understand.
There are certain things you must be told
about, we have written about them below.
You can always ask for help to
understand the information from an

Independent Mental Health Advocate or
someone you trust.
Community
Treatment
Orders
Community Treatment
Orders and your rights.
Key facts
A Community Treatment Order means you
get your treatment in your community.
There are rules to this and you must

follow them.
If you dont you can be made to go back to

hospital.
Know your rights
Independent
Mental Health
Advocate
What you need to know about
Independent Mental
Health Advocates.
Independent
Mental Health
Advocate

about Independent
Mental Health Advocates.
How information
about you is shared
with your family,
friends and carers
Sharing my information
with my family,
friends and carers
and my rights
Know your rights
Know your rights

Code of Practice

Code of Practice
How information
about you is
shared with your
family, friends
and carers
Key facts
Sharing my information with my family,

friends and carers and my rights.
Independent Mental Health Advocates
Key facts
help with your rights and making your

decisions
are independent and are there for you
Normally the people involved in your care
will not share your information unless you

say they can
There are times they can share some
Sometimes people talk about your
To know more speak to your Independent
are free.
IMHA. This is the same as your

Independent Mental Health Advocate.
things without you saying they can

Mental Health Advocate.
Your Nearest
Relative
you about Your
Nearest Relative
and their rights.
Know your rights

Code of Practice
Your Nearest
Relative
This fact sheet tells you
about Your Nearest
Relative and their rights.
Key facts
Nearest Relative is a term used in the
Mental Health Act.
The Mental Health Act tells you who your

Nearest Relative should be.
Their job is to look out for you, and make

sure your wishes and choices are heard
and understood.
Know your rights
Posters and fact sheets

Easy read fact sheets and posters to help you understand
the Mental Health Act Code of Practice
Your Nearest
Relative
Code of Practice
plain English
glossary
Guardianship
Information you
must be given
This fact sheet is

about Guardianship
and yourr rights.

you must stay
in hospital.

you about Your
Nearest Relative
and their rights.
Words in the Mental

Health Act Code of
Independent
Mental Health
Advocate
How information
about you is shared
with your family,
friends and carers
What you need to know about

Independent Mental
Health Advocates.
Sharing my information
with my family,
friends and carers
and my rights
Know your rights
Know your rights
Know your rights
Know your rights
Know your rights
Know your rights

Code of Practice

Code of Practice

Code of Practice

Code of Practice

Code of Practice

Code of Practice
Everyone is
equal
Questions to ask
when you are
detained
Leaving the
ward
This fact sheet is

about people being
equal and your rights.
Questions for you to

ask if you are detained
under the Mental
Health Act.

you about leaving
the hospital ward
where you are
detained.
Sharing your
information with
professionals
Community
Treatment
Orders
Visiting
This fact sheet is about your
right to have visitors when
you are detained in
hospital.
This fact sheet is

about your rights
and sharing your
information with
professionals.
This fact sheet is

about Community
Treatment Orders
and your rights.
Know your rights
Know your rights
Know your rights
Know your rights
Know your rights
Know your rights

Code of Practice

Code of Practice

Code of Practice

Code of Practice

Code of Practice

Code of Practice
Questions for your

family to ask when
you are detained
People making
decisions for
you
Your treatment
and Care Plan
Detention

you about your
medical treatment
and your rights.
This fact sheet is

about detention and
is when you have to
stay in hospital.
Questions for your

are detained under
the Mental Health
Act.

about people making
decisions for you.
Know your rights
Know your rights
Know your rights
Know your rights

Code of Practice

Code of Practice

Code of Practice

Code of Practice
IMHA
Know your rights
Independent Mental
Health Advocate
Detained under the Mental Health Act

You may have questions...
17 easy read fact sheets about the

Mental Health Act Code of Practice
An IMHA is someone who helps you know your rights and speak up
Why am
I here?
How long
for?
Do I have
to stay?
What if
I dont
agree?
You can ask

for more
information
Ask for
the code
of practice
An IMHA
helps you
know your
rights
You have a
right to an
IMHA
Staff must
tell you how
to get an
IMHA
You can
ask for an
IMHA at
any time
Community Treatment
Orders
Information you must be

given
Sharing your information

with professionals
Detention
Leaving the ward
Visiting
Everyone is equal
People making decisions

for you
Your decisions and

wishes in advance
Questions for your family

to ask when you are
detained
Your Nearest Relative
Guardianship
The easy read Code of Practice

helps you understand your rights.
Know your rights
How information about

you is shared with your
family, friends and carers
The easy read Mental Health Act Code of Practice

Fact sheets to help you understand your rights.
Know your rights
Independent Mental
Health Advocate (IMHA)
Questions for you to ask

when you are detained
Your treament and

Treatment Plan
Code of Practice plain
English glossary
Know your rights

Know Your Rights

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Know your rights

The report said the Code of

rights under the Mental Health Act

Know your rights

The Mental Health Act Code of Practice

Code of Practice plain

)) Deputy A Deputy is someone

)) Advance Statement An advance

)) Detention Detention means

)) Attorney An attorney is someone

)) Discharge from hospital Being

)) Capacity Capacity, also called

)) Guardianship A guardian can be

)) Consent Consent means giving

)) Independent Mental Health

)) Court of Protection The Court of

)) Leave of Absence this means

)) Mental Disorder is any disorder

An easy read fact sheet

Know your rights

The Mental Health Act

For a full list of

Its all on the website: www.nhs.uk/easy-mentalhealthact

Know your rights

An easy read fact sheet

Know your rights

The Mental Health Act Code of Practice

When you are detained you must be told:

being detained in hospital.

The information should be given to you in

There are certain things you must be told

about, we have written about them below.

Ask for help to understand the

information from an Independent Mental

Your right to information

You must also be helped to understand:

If you are detained under the Mental Health

)) Why you have been detained

The information should be given to you in a

)) How to get legal advice.

)) About the Care Quality Commission

)) Your right to be considered for a discharge,

)) The longest time you can be detained for

)) You should be told about your rights on a

Its all on the website: www.nhs.uk/easy-mentalhealthact

Know your rights

The Mental Health Act Code of Practice

Good questions to ask

Questions for your

Know your rights

Information on this page comes from the

Is there any help with

Who will be looking after

Can my relative visit me at

Do they have to stay in

Who decides when they

What care and treatment is

If you are the nearest