There are a collection of laws that continue to be improved regarding our mental health. There are laws that define what mental health is, treatments for mental health including that which occurs against our will, and the rights of those with mental illness, including how they are treated.
Some of us with mental illness have involuntary treatments from time to time, or all the time, even if we don’t agree to it. This is compulsory treatment. Most people, however, are treated voluntarily. The rights of a person depend on whether they are being treated voluntarily or under a compulsory order, so it’s important that if you or someone you care about is in this position, you understand these rights.
What is ‘mental illness’ under law?
The Mental Health Act 2014 defines mental illness as a medical condition where thought, mood, perception or memory is significantly disturbed. An example of this might be depression, anxiety disorders, or schizophrenia.
Mental illness is not your expression of yourself, your activities including sexual, your behaviour (legal or illegal), intellectual disabilities, anti-social behaviour, conflicts with others, any previous mental illness treatments, or the use of drugs or alcohol.
Only a doctor can diagnose mental illness after proper assessment.
Voluntary and compulsory treatments – what does that mean?
A voluntary patient can be admitted to hospital, but can leave at any time. A compulsory patient is one who has been assessed by a psychiatrist, and put on a compulsory treatment order. They may receive treatments against their wishes both in the community and in hospital.
There are rules that must be followed before someone is forced into compulsory treatments. Read more about that here.
Your rights
People being treated for mental illness have the right to privacy, confidentiality, and other human rights. The point is that you recover, so the aim is to allow people clear rights to make decisions for treatment.
It is assumed you can make decisions about your own treatment, unless it is decided that you do not have this capacity. When the police get involved, and harm may be done to yourself or others, taking you into custody may be their only reasonable option so you can be assessed.
Have us on your side.