Information for people whose rights are restricted under the Mental Health Act
We monitor the use of the Mental Health Act and protect the interests of people whose rights are restricted under that Act. Most people receiving mental health care do not have their rights restricted. However, in some instances this happens to protect the person receiving treatment and others.
How the Mental Health Act is used
The Act can be used to restrict a person's rights in a number of ways:
Detention under the Mental Health Act
People who are suffering from severe mental disorder may be detained in hospital for assessment and/or treatment, where this is necessary for their own health or safety, or for the safety of others. Such patients may be given leave from the hospital in which they are detained but otherwise must remain on the hospital premises.
Treatment being received under a Community Treatment Order
Patients who are detained in hospital may be given a Community Treatment Order upon discharge from detention. They are then subject to supervised community treatment, where they must meet certain conditions to remain in the community. The conditions usually include compliance with treatment and living at a named address.
Treatment or care being received under Guardianship
Guardianship is designed to be a framework of minimum constraint to enable mentally disordered people to receive care outside of hospital. People subject to Guardianship may or may not be receiving specialist mental health treatment, but can be required to live at a certain place and attend other places for treatment, work, training or education.
An introduction to our work
One of our roles as a regulator is to keep the use of the Mental Health Act under review and check that the Act is being used properly. Our Mental Health Act Commissioners perform this work by visiting all places where patients are detained under the Mental Health Act, and meet with them in private. Where requested, arrangements can also be made to meet patients who are on a Community Treatment Order.
Our commissioners are independent of your mental health care provider. They are doctors, nurses, Social Workers, lawyers, psychologists, service users and other people with knowledge of the Mental Health Act and mental health services.
In certain circumstances, we can arrange for an independent doctor to provide a second opinion if a person is not able or willing to consent to their treatment.
We may also investigate complaints that cannot be resolved locally.
Where to find out more
We are developing leaflets on the following topics and they will be available online soon:
- An introduction to monitoring the Mental Health Act by the Care Quality Commission
- How we support the rights and interests of those patients on supervised community treatment (CTOs) under the Mental Health Act
- Electro-convulsive therapy
You may find it helpful to visit the websites of other groups working in mental health, for example:
You can also contact us tell us what you think about your care and treatment and to find out more about us:
