Patient rights

Patient rights booklets: About your rights

The Mental Health Act 1986 requires that every person must receive a written statement of their rights under the Act when they become a patient. The Act also requires that every patient for whom electroconvulsive therapy, major non-psychiatric treatment or psychosurgery is proposed must also be given a statement of rights.These statements are provided in booklets that include a list of organisations that can help with more information, assistance, advocacy or complaints. The booklets include sections on the Mental Health Review Board and community treatment when relevant.

These booklets can be viewed in English and other languages by clicking on the links below.

• Involuntary patients
• Restricted involuntary treatment orders
• Security patients
• Forensic patients
• Electroconvulsive therapy
• Major non-psychiatric treatment
• Non-custodial supervision orders
• Forensic (remand and interim disposition order) patients
• Continuing treatment (section 12A-!2D) involuntary patients
• Assessment orders and diagnosis, assessment and treatment orders
• Psychosurgery

Telephone Information Line

The Telephone Information Line has recorded information about

• Involuntary patients and involuntary treatment orders
• Community treatment orders
• Electroconvulsive therapy
• The Mental Health Review Board

You can listen to the information by calling:

The lines are open 24 hours a day, seven days a week.

Ordering booklets

The English language booklets can be mailed out to you by placing an order on the Ordering Publications Online page.

• Involuntary patients
• Restricted involuntary treatment orders
• Security patients
• Electroconvulsive therapy
• Major non-psychiatric treatment
• Non-custodial supervision orders

Information for mental health services

How to use the brochures

A member of the treating team should give the patient the relevant booklet, talk to them about their rights, using the booklet as a guide, and answer any questions. Some of the booklets contain tick boxes which must be marked by a member of staff. The tick boxes are used to clarify which information is relevant to the individual patient.

In addition to providing the booklets, each patient must also be given an oral explanation of the information. The explanation must be given in the language, mode of communication or terms which the person is most likely to understand. This will need an individual assessment of the best way to ensure the information is effectively conveyed, and should take into account the person's mental state or special needs. Specialist services, such as interpreter services, should be used where appropriate. One or more follow-up sessions may be required to ensure the information has been understood.

Each member of the treating team has an obligation to provide information, answer questions and help patients exercise their rights.

The most commonly used booklets should be displayed in areas where they are readily available to patients, their families, friends and advocates. Sensitivity should be exercised in the distribution of the electroconvulsive therapy and psychosurgery booklets. These should only be given to patients and their families who have been recommended for these treatments.

Communication with carers

Guardians, family members and carers should also be informed about the patient's rights. They will have a need to know for a range of reasons, for example:

• to assist in coming to terms with a crisis situation
• to advocate for the patient
• to help inform a patient who is too ill to comprehend the written material
• to assist with their role in providing support and care to the patient.

In providing information to family and carers, issues of confidentiality must always be considered.

Ongoing communications

These booklets should be seen as a starting point for the regular provision of information. The patient should be given the name of a contact person they can approach at any time for more information. Whether or not the patient does ask for more information, the contact person should periodically follow-up with the patient to assess their understanding and provide further information. This also provides the opportunity to correct any misunderstandings.