Mental Health Laws

If you have severe mental illness, you might be held under the Mental Health Act. This is sometimes called ‘sectioning’. We explain why you may be detained, and what rights you have. If you care for someone who has been detained, you might also find this information useful.

Mental Health Act

This section is about detention under the Mental Health Act. This is sometimes called ‘sectioning’. We explain why you may be detained, and what rights you have. If you care for someone who has been detained, you might also find this information useful.

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Section 35 of the Mental Health Act - Courts send you to hospital for a medical report

This page looks at section 35 of the Mental Health Act. It looks at the professionals you might come across in hospital, and when and how courts use this section. It explains what your rights are if you are sent to hospital under this section, and what could happen afterwards.

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Nearest relative - Under the Mental Health Act

This section looks at the role of your nearest relative. Such as who your nearest relative would be and what your nearest relative’s rights are. You may find this information useful if you live with mental health difficulties, or if you care for someone who does.

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Discharge from the Mental Health Act

This section looks at how your detention under sections 2, 3 and 37 of the Mental Health Act 1983 can end. Detention means that you are taken to hospital against your will. This is also known as ‘sectioning’. For more information on detention, please see our ‘Mental Health Act’ webpage. This information is for adults affected by mental illness and detained in England. It’s also for their loved ones and carers and anyone interested in this subject.

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Your Rights When Detained Under the Mental Health Act – Downloadable Guides

Rethink Mental Illness has been working in partnership with the Equality and Human Rights Commission to produce guides that explain your rights when you are detained under the Mental Health Act.

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Mental capacity and mental illness - The Mental Capacity Act 2005

Mental capacity means you have ability to make your own decisions. If you lose mental capacity the Mental Capacity Act 2005 protects you and your rights. You may lose mental capacity because of your mental illness. This section explains mental capacity and how the Act works. This information is for anyone affected by mental illness.

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Community treatment orders (CTOs) - Made under the Mental Health Act 1983

This section gives information about community treatment orders (CTOs), how they’re made and what your rights are. It explains how you can challenge your CTO if you don’t agree with it. This information is for adults affected by mental illness in England. It’s also for their loved ones and anyone interested in this subject.

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Discrimination and mental health

This section looks at what to do if someone has treated you unfairly because of your mental illness. It explains the Equality Act 2010 and how it might apply to you when you are at work, applying for jobs or using services. The Equality Act applies in England, Scotland and Wales.

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Section 117 aftercare - Under the Mental Health Act 1983

This section explains what free aftercare under section 117 of the Mental Health Act 1983 is. It tells you if you qualify for section 117 aftercare and what services you might get.

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Section 135 of the Mental Health Act - Police taking you to a place of safety from a private place

This section looks at section 135 of the Mental Health Act. It explains when and how this section is used. It explains what your rights are on this section. And what could happen after it ends. If you care for someone who is under section 135, you may also find this information helpful.

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Section 136 of the Mental Health Act - Emergency police powers to take you from a public place to a place of safety

This page looks at Section 136 of the Mental Health Act. It looks at when police can use emergency powers to take you from a public place to a place of safety. It explains what your rights are on this section and what could happen after it ends. This information is for people who live with severe mental illness and their carers.

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Section 36 of the Mental Health Act - When the Crown Court sends you to hospital for treatment

A Crown Court can send you to hospital for treatment at any time during your case if you need it. They can do this under section 36 of the Mental Health Act 1983. This page looks at when and how courts use this section, and the professionals you might come across. It explains what your rights are and what could happen afterwards. This information is for anyone affected by, or interested in, section 36 of the Mental Health Act.

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Section 37 of the Mental Health Act - Hospital orders

You might be convicted of a crime and have a mental disorder and need hospital treatment. Under the Mental Health Act, the courts can send you to hospital instead of prison.

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Section 37 41 of the Mental Health Act - Hospital orders with a restriction

This section looks when Crown Courts issue hospital orders with a restriction. They do this under section 37/41 of the Mental Health Act. It looks at the professionals you might come across in hospital, and when and how the courts use this section. It explains what your rights are in hospital. This information is for anyone detained under this section of the Mental Health Act in England. And also, their friends and relatives and anyone interested in the subject.

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Section 38 of the Mental Health Act - Interim hospital orders by the criminal courts

This page looks at how criminal courts issue interim hospital orders under section 38 of the Mental Health Act. It looks at when and how the courts issue interim hospital orders and the professionals you might come across. It tells you what your rights are whilst you are in hospital and what could happen afterwards. This section is for people who are convicted and experience mental illness, and their carers, relatives and friends.

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Section 47 of the Mental Health Act - Transfer of a sentenced prisoner to hospital

This page looks at when you might be transferred from prison to hospital under section 47 of the Mental Health Act 1983. It explains how and when this section is used. It also explains what your rights are on this section and what could happen afterwards. This page is for sentenced prisoners who experience mental health issues. And their carers, relatives and friends.

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Section 48 49 of the Mental Health Act - Transfer of an unsentenced prisoner to hospital

You might be on remand in prison or in an immigration detention centre and be experiencing severe mental illness. Professionals can decide to transfer you to hospital. This can be done under section 48/49 of the Mental Health Act 1983. This section explains when and how you might be transferred to hospital and what your rights are. This section is for those on remand in prison or in an immigration detention centre and experiencing mental illness. And their friends and family too.

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