ਮਾਨਸਿਕ ਸਿਹਤ ਮਰੀਜ਼ ਵਜੋਂ ਅਧਿਕਾਰ
If you are detained in hospital under the Mental Health Act 1983 (sectioned), you retain important legal rights. These rights protect you against unjustified detention and ensure that decisions about your care and treatment are made properly. Even if you are an informal (voluntary) patient, you have rights regarding consent to treatment.
Last updated: 2026-03-08
Your Rights
Right to Know Why You Are Detained
The hospital must explain to you, in writing and verbally, why you are being detained, what section of the Mental Health Act applies, and what your rights are. This must be done as soon as practicable after admission.
Right to a Mental Health Tribunal
You have the right to apply to the First-tier Tribunal (Mental Health) to challenge your detention. The tribunal is independent and has the power to order your discharge. For s.2 (assessment): you can apply within the first 14 days. For s.3 (treatment): you can apply once in each period of detention.
Right to an Independent Mental Health Advocate
You are entitled to an Independent Mental Health Advocate (IMHA) who will help you understand your rights, participate in decisions about your care, and make complaints. This service is free.
Right to a Second Opinion
For certain treatments (medication beyond 3 months, ECT for capacitous patients who refuse), a Second Opinion Appointed Doctor (SOAD) must certify that the treatment is appropriate. You cannot be given these treatments without your consent or SOAD approval.
Right to Communication
You have the right to send and receive mail (with very limited exceptions), to receive visitors, to use a telephone, and to access the internet where the hospital allows it. Any restrictions must be justified and recorded.
Right to be Treated with Dignity
All patients must be treated with dignity and respect. The principles of the MHA Code of Practice require the least restrictive option, respect for diversity, and participation in care planning.
Right of Nearest Relative
Your nearest relative has rights including the right to object to certain detentions, the right to apply for discharge, and the right to be consulted about treatment. If your nearest relative is unsuitable, the court can appoint a replacement.
Right to Aftercare
When you are discharged from detention under s.3, s.37, or certain other sections, the NHS and local authority have a duty to provide free aftercare services for as long as you need them. This is a joint duty and cannot be charged for.
Common Myths
Once you're sectioned, you have no rights
Detained patients retain extensive legal rights including the right to a tribunal, an advocate, communication, dignity, and safeguards on treatment. Detention does not remove your legal status as a citizen.
Doctors can give you any treatment they want
There are strict rules on treatment without consent. Medication beyond 3 months requires your consent or approval from a Second Opinion Appointed Doctor. ECT cannot be given to a capacitous patient who refuses.
You can be detained indefinitely
Detention must be renewed at regular intervals (s.3: 6 months, then 6 months, then annually). You can apply to the tribunal to challenge your detention. The hospital managers also have the power to discharge.
If you go into hospital voluntarily, you can't leave
Informal (voluntary) patients are generally free to leave. However, a nurse can hold you for up to 6 hours (s.5(4)) or a doctor for up to 72 hours (s.5(2)) to allow a full MHA assessment.
What To Do
Ask for your rights to be explained
As soon as you are detained, ask staff to explain your rights under the Mental Health Act. This should be given to you in writing in a language you understand.
Request an IMHA
Ask for an Independent Mental Health Advocate. They can help you understand your situation, attend meetings with you, and assist with tribunal applications.
Apply to the tribunal
If you want to challenge your detention, apply to the First-tier Tribunal (Mental Health). Your IMHA or a solicitor can help you complete the application. Specialist mental health solicitors are available under legal aid.
Contact your nearest relative
Your nearest relative has the power to apply for your discharge. They can also request a tribunal hearing. If you want to change your nearest relative, you can apply to the county court.
Complain if your rights are breached
Complain to the hospital's Patient Advice and Liaison Service (PALS), the Care Quality Commission (CQC), or contact a solicitor specialising in mental health law.
Key Legislation
- Mental Health Act 1983
- Mental Health Act 2007
- Mental Capacity Act 2005
- Human Rights Act 1998 Articles 3, 5, and 8
- MHA 1983 Code of Practice
Useful Contacts
Rethink Mental Illness
Advice and support for people affected by mental illness.
Tel: 0808 801 0525
WebsiteCare Quality Commission
Regulates and inspects mental health services. Can investigate complaints about detained patients.
Tel: 03000 616161
WebsiteOfficial Solicitor
Acts as litigation friend for patients who lack capacity to conduct legal proceedings.
Website