Mental Health Law
Mental health law includes a wide variety of legal topics that affect people with a diagnosis or possible diagnosis of a mental health condition and to those involved in caring, managing or treating people. Laws that relate to mental health include,
The Mental Health Act
The Mental Health Act 1983 covers the rights, assessment and treatment of people experiencing mental health needs. The act details the process that needs to take place in order to detain a patient under a section of the Mental Health Act and the rights of the individual. Via the Mental Health Act 2007, the government updated the 1983 Act to ensure it keeps pace with the changes in the way that mental health services are and should be delivered. Read more about the Mental Health Act Download patient information leaflets on the Mental Health Act 1983
The Mental Capacity Act
The Mental Capacity Act 2007 covers all sorts of situations where people aged 16 years and over need to make a decision about something that affects them, but may be unable to do so (they lack capacity to make the decision). It allows for people to plan ahead in case they may lack capacity in the future. The Mental Capacity Act allows somebody to make decisions for a patient if they are not able to make decisions for themselves. The same rules apply whether the decisions are major life-changing events or everyday matters.
Independent Mental Capacity Advocate (IMCA)
An independent mental capacity advocate (IMCA) helps and represents people who lack capacity to make a decision when there is no-one else to ask and when certain serious decisions might be about to be made on their behalf. The IMCA looks at the way the decision is being made, but does not make the decision on behalf of the person they represent. If you lack capacity to make a serious decision during your care at one of our hospitals, we may arrange for you to be assigned an IMCA. They are independent of Camden and Islington NHS Foundation Trust, and must always aim to ensure that the best interests of the person are being considered.
Lasting Power of Attorney
The Mental Capacity Act allows you (if you are over 18 and have the capacity to do so) to appoint someone to make decisions about your personal welfare or property and affairs should you ever lack the capacity to make these decisions yourself. This is done by setting up a legal document called a Lasting Power of Attorney (LPA). Further advice about LPA can be found at www.gov.uk/power-of-attorney/overview or see the Citizens Advice Bureau for assistance.
Living Wills/ Advanced Decision: Stating your wishes in advance
The Mental Capacity Act enables you to write down wishes and preferences about care or other aspects of your life that you want healthcare professionals to be aware of when they are looking after you and you may be unable to tell them yourself. This is known as making an ‘advance decision’. Should you lack capacity to make a decision for yourself, a decision maker is required to take this Advanced Decision into account when considering your best interests. You should note that it is not legally binding on decision makers, but a decision maker should give reasons why it was not possible to carry out your requests. The NHS Choices website has more information about about the Mental Capacity Act