www.surreycc.gov.uk Making Surrey a better place What is the Mental Health Act? Information on the legislation and people’s rights What is the Mental Health Act? assessed is necessary and that no ‘less restrictive’ form of intervention can be used. The Mental Health Act was first introduced in 1983 (further amended in 2007) and sets out how you can be treated if you have a mental disorder, and what your rights are. The doctors and Approved Mental Health Professional will consider making an application for keeping you in hospital against your will, if it is felt that you may cause injury to yourself or others and if it is felt that you may not necessarily be aware enough to access the proper medical care required. The Mental Health Act says what legal powers doctors and Approved Mental Health Professionals (AMHPs) have to detain you in a hospital against your will. The doctors involved will either already know you (such as your GP) or be approved under Section 12 of the Mental Health Act. The role of the doctors is to make recommendations for an application to be assessed. The role of the Approved Mental Health Professional is to ensure that an application to be It lays down what doctors and Approved Mental Health Professionals can and can’t do and what rights you and your relatives have. 1 An application for you to be assessed will be made on the basis of nature (for example a diagnosis of mental for a mental disorder. When you are admitted to hospital under compulsion this is commonly known as “being detained under the Mental Health Act”. The length of the hospital stay depends on the type of section applied under the Mental Health Act. disorder or past history) or degree (which is the level your mental disorder is affecting you and the risks for you and for others). The Mental Health Act outlines a legal framework, which has to be followed to ensure your rights are protected. The Mental Health Act sets out: • when you can be taken into hospital against your will • when you can be given treatment against your will • what your rights are • what safeguards there are to make sure your rights are protected. The Mental Health Act 1983 is divided into sections. You can be kept in hospital under different sections so you can be assessed or so you can be provided with treatment Definition of mental disorder Mental disorder is defined as ‘any disorder or disability of mind’. This definition includes conditions such as schizophrenia, depression, bipolar disorder, anxiety disorder, obsessivecompulsive disorder, personality disorders, eating disorders, dementia, brain injury and mental disorders due to drug use. 2 Note: a person with a learning disability is not considered to be suffering from mental disorder for most purposes under the Act; or to require treatment in hospital, unless that disability is associated with abnormally aggressive or seriously irresponsible conduct. or nearest relative (specified by Section 26 of the Act), a Section 12 approved doctor and a registered medical practitioner (who would be based in the hospital or in your local community and who would know you). If a doctor who knows you is not available you will see a second Section 12 approved doctor. A Section 12 doctor has extra training under the Mental Health Act. What is an assessment? Some people can experience severe mental health problems that require admission to hospital for assessment and treatment. When you are kept in hospital against your will, there are usually three people involved in the assessment application. These three people would consist of an Approved Mental Health Professional 3 The two doctors must agree and make medical recommendations (they can make these jointly or separately), that you are suffering from a mental disorder of a nature or degree which means you must stay in a hospital for assessment or treatment and that you ought to to think • your medication history • how well you are able to reason • cultural issues or factors • how well you are able to remember • significant events in your life. be kept in hospital in the interest of your own health, your own safety or with a view to the protection of other people. The recommendation must include a statement about why an assessment and/ or treatment is necessary, and why other methods of helping you are not appropriate. Role of the Approved Mental Health Professional An Approved Mental Health Professional is the person responsible for organising, During an assessment you co-ordinating and making will be asked questions and asked about how things have the applications for been going for you. A Mental detention under the Mental Health Act. They are there Health Act assessment will to ensure that the legal enable the doctors and criteria is met and that an Approved Mental Health Professional to pay attention application must be the least restrictive option to: available to you. They tend • how well you feel to be social workers, who emotionally have undergone additional • your behavioural history training and who have • how well you are able 4 factors which may effect it, you and your relatives’ and carers’ wishes, the opinion of other professionals involved in caring for you, as well as the other options available for supporting you. been approved by the local authority to carry out designated duties under the Mental Health Act. The Act gives them the power to make an application for admission to a hospital under a section of the Act (though some sections deal with detention in other specified places, which is not so common). They will assess if detention in hospital or specified place is the best way of providing care and medical treatment for your needs. When making that decision, ‘all the circumstances of the case’ are required to be considered. That might include, the past history of your mental disorder, your present condition and the social, family and personal They will fully explain the process and choices available to you. You have the right to see them alone and they have a duty to ensure that they interview you in a suitable manner. 5 Role of the ‘Section 12’ Doctor Medical recommendations are to be made by two doctors, one of the two having being Section 12 approved. A Section 12 approved doctor is a medically qualified doctor who has expertise in mental disorder. Role of the ‘nearest relative’ People described in the Mental Health Act as ‘nearest relatives’ have various rights in relation to you as the patient under the Act. The nearest relative is important as he or she has the power to discharge you from some sections of the Act. as your ‘nearest relative’. In many cases he or she may be your parent or grandparent, brother or sister, husband, wife or partner, but it doesn’t have to be one of them. Your nearest relative does not have to act as your nearest relative. They can ‘delegate’ their powers Who do we mean by ‘nearest to another person. There are two forms available to relative’? do this and an Approved It is important that you Mental Health Professional are clear about who your or care coordinator can ‘nearest relative’ is. help them do this. It is not a The Mental Health Act says complicated process. that your ‘nearest relative’ If you do not want your does not have to be your nearest relative to be your next of kin or even a family member. It could be a friend nearest relative you can talk to your solicitor or an or someone you trust who Approved Mental Health lives with you. Professional about how you do this. Make sure you are certain about who you would want 6 What we do with your information In Surrey, we work in integrated teams combining health and social care professionals. These professionals ensure that confidentiality is a basic principle in the relationship between social care, health professionals and patients. In general, information disclosed by you to your doctor or team is regarded as confidential. However, the information may be passed to someone else in cases of emergency. information to be shared with.This information will be put on your record. It is important that you should be made fully aware of what you are agreeing to. There are two main exceptions to the ‘duty of confidence’. Firstly, public interest can override the duty. For example, a psychiatrist could pass on information about you to the police if it was felt that you would be a danger to other people. Secondly, disclosure of confidential information may be permitted or required by statute or a court order. There are clear processes regarding how your information is kept and used The information sharing to ensure you receive the leaflets will fully explain care you need. Your care team should give you these information sharing to you. leaflets and you will be asked who you would like your 7 Advocacy information An advocate is someone who enables you to ‘find your voice’ and to express your views, for example, at a Tribunal hearing. Unlike a named person, the advocate cannot act independently of you, but rather will be able to help you represent your wishes and feelings. Advocacy is often about ensuring these views are acknowledged and taken seriously, when others may be unable or unwilling to give weight to them. Useful contacts Your local care team should also be able to provide you with useful contact numbers. The Mental Health Act states that you have the right to access an Independent Mental Health Advocate (IMHA). It is the responsibility of Surrey County Council and Surrey and Borders Partnership NHS Foundation Trust to provide you with details of the independent advocacy service if you reside within their area. Details of local teams, hospital teams and advocacy services are found on the next few pages. 8 Community mental health teams Conifers - Farnborough 01483 783555 Sorrel Close, Farnborough, Hampshire GU14 9XW. Cranleigh 01483 517200 Bloggs Way, Cranleigh, Surrey GU6 8AW. Elmbridge and Cobham Elmbridge East: 0208 873 4300 Joseph Palmer Centre, 319a Walton Road, West Molesey, Surrey KT8 2QG. Elmbridge West: 01932 266900 62-64 Bridge Street, Walton on Thames KT12 1AP. Epsom - Ewell and Banstead Primary Care 01372 204000 Farmside, Horton Lane, Epsom, Surrey KT19 8PB. Farnham 01483 782095 Farnham Hospital, Farnham, Surrey GU9 9QL. Godalming 01483 415155 41 Binscombe Lane, Godalming, Surrey GU7 3PP. 9 Guildford 01483 443551 Nightingale Building, Farnham Road, Hospital, Farnham Road Hospital, Guildford, Surrey GU2 7LX. Haslemere 01483 783090 Haslemere Hospital, Haslemere, Surrey GU27 2BJ. Hollies - Aldershot 01252 312788 23 Grosvenor Road, Aldershot, Hampshire GU11 1DL. Mole Valley Primary Care 01306 502400 Clarendon House, Dorking, Surrey RH4 1QJ. Redhill - Reigate - Horley Primary Care 01737 272301 Shaws Corner, Reigate, Surrey RH2 7DG. Runnymede 01932 723392 Lake House, Chertsey, Surrey KT16 0AE. 10 Spelthorne 01784 440204 Glenthorne, Staines, Surrey TW18 1BT. Surrey Heath 01276 671102 Sycamore House,16 Southwell Park Road, Camberley, Surrey GU15 3PX. Tandridge Primary Care 01883 385481 Langley House, Church Lane, Oxted, Surrey RH8 9LH. Woking 01483 756318 Bridgewell House, 29 Claremont Avenue, Woking, Surrey GU22 7SF. 11 Hospital in-patient units Epsom General Hospital Department of Psychiatry 01372 204206 Langley Wing, Dorking Road, Epsom, Surrey KT18 7EG. Epsom General Hospital - Delius Ward 01372 204159 Langley Wing, Dorking Road, Epsom, Surrey KT18 7EG. Epsom General Hospital - Elgar Ward 01372 204176 Langley Wing, Dorking Road, Epsom, Surrey KT18 7EG. Epsom General Hospital - Fenby Ward Psychiatric Intensive Care Unit 01372 204100 Langley Wing, Dorking Road, Epsom, Surrey KT18 7EG. Epsom General Hospital - Gershwin Unit 01372 204200 Langley Wing, Dorking Road, Epsom, Surrey KT18 7EG. Farnham Road Hospital - Arc 1 and 2 01483 443612 Noel Lavin Unit, Farnham Road Hospital, Guildford, Surrey GU2 7LX. 12 St. Peters Hospital - Laureate Ward - Psychiatric Intensive Care Unit 01932 722473 or 01932 723289 Abraham Cowley Unit, St Peters Hospital, Lyne, Chertsey, Surrey KT16 0QA. St. Peters Hospital - Clare and Blake Ward 01932 872010 Reception: 01932 872010 X6055 Abraham Cowley Unit, St Peters Hospital, Lyne, Chertsey, Surrey KT16 0QA. Ridgewood Centre - Wingfield Ward 01276 605316 Ridgewood Centre, Frimley, Surrey GU16 9QE. 13 Advocacy services Ridgewood Centre 01276 605399 Wingfield Ward, Old Bisley Road, Camberley, Surrey GU16 9QE. Matrix Advocacy Service 012 56 398928 Abraham Cowley Unit, Guildford Road, Chertsey, Surrey KT16 0QA. Rethink www.rethink.org Works with people to defend their rights and interests; to support their wishes to be heard; to ensure that they are treated with dignity and that they have their views respected. Crisis Line Helpline 0300 456 83 42 Staffed by care professionals who are experienced in working with people with mental health issues. Mind Drop-in Centre 01932 231918 4a Church Street, Walton. Advice / information, befriending scheme, exercise, IT groups / facilities, workshops. 14 Surrey County Council County Hall Kingston Upon Thames KT1 2DN If you would like this information in large print, Braille, on tape or in another language please contact us on: Tel: 03456 009 009 Minicom: 020 8541 9698 Fax: 020 8541 9575 Email: [email protected] Created by the Communications Design Team. 09.10.RN.CS1912.