Legislation in Relation to Mental Health Needs

Mental Health Act 1983

The Mental Health Act 1983 is the primary legislation in England and Wales that covers the assessment, treatment and rights of people with mental health disorders.
It outlines when you can be detained in hospital and treated without your consent. This is often referred to as ‘being sectioned’.
The Act has been updated by the Mental Health Act 2007 to include new regulations and protections.

The Care Act 2014

The Care Act 2014, applicable in England, covers care and support for adults with mental health issues as well as carers’ rights.
It explains when you are entitled to an assessment of your needs from your local authority, and the process for defining and meeting these needs.
It also includes a duty for local authorities to promote an individual’s wellbeing in the decisions they make.

Equality Act 2010

The Equality Act 2010 protects people from discrimination based on protected characteristics, one of which is disability, including mental health conditions if they meet certain criteria.
This means you cannot be treated unfairly due to your mental health and employers, schools, and service providers must make reasonable adjustments to ensure you can access and use their services.

The Mental Capacity Act 2005

The Mental Capacity Act 2005 is designed to protect and empower people who may not be able to make their own decisions, especially about their health and personal care.
It outlines the rules for conducting a capacity assessment and implementing a power of attorney.
It also creates the role of the Independent Mental Capacity Advocate (IMCA) who supports those who lack capacity and have no appropriate relatives or friends.

Human Rights Act 1998

The Human Rights Act 1998 protects all individuals’ fundamental rights and freedoms, including those with mental health conditions.
It includes the right to respect for private and family life (Article 8), which may involve issues like confidentiality and consent to treatment.
Inhumane or degrading treatment or punishment (Article 3) is forbidden, which is highly relevant in the context of mental health care and treatment.

Remember, it’s important to understand how these laws work together to support individuals with mental health conditions while also considering their wider rights and freedoms. They provide a crucial legal framework that informs all practice in health and social care.