What Are My Rights?

Generally, the information that you give the case manager or any clinical staff will be treated in confidence and will only be shared with those who are directly involved with your treatment.

Your consent will be asked for before information is shared with your family or carer. There are exceptions to this, for example, when the case manager thinks your safety or the safety of others may be at risk.

Wherever possible, information will be shared with your family or carer, so that they can understand what has happened to you in order to help you in the best possible way.

You should also be aware that you have the right to have a friend or advocate present in the room with you at any time for support.

If you think the case manager does not understand you:

• Tell them, if you can. or
• Ask for a friend or advocate to help you. This is important for any reason, but particularly important if:
• English is not your first language.
• You find it difficult to understand what the case manager is saying because of the types of words they are using.
• You have difficulty with your hearing.

You may ask the case manager to explain to you what your rights are under the Mental Health Act 1986. For example:

• You have the right to be treated with dignity and respect.
• You have the right to request a second opinion about your psychiatric condition.
• You have the right to choose the psychiatrist you would like for a second opinion.
• You have the right to have a friend or advocate support you through all the phases of your contact with public mental health services.
• You have the right to complain about the type of service you are being offered by public mental health services.
• You have the right to give your consent about what information you would like either your family or carer to know. Wherever possible your wishes will be respected.
• You have the right to give your consent about what involvement you would like from your family or carer in helping you work towards your goals.

There are other rights available to you under the Mental Health Act. Information pamphlets describing your legal rights are available through the community mental health centre. Ask your case manager to sit down and go through this information with you.

For more information about your rights on how to challenge decisions made, contact the Mental Health Legal Centre.