The rights of someone using our services can include:
- the right to privacy
- the right to receive written information on services and treatments including their benefits, side effects and any possible alternatives
- the right to give informed consent freely and without intimidation
- the right to raise concerns and make complaints
- the right to receive information on how personal data will be used and kept secure
The mental health charity Rethink has a Rights and Laws section on their website. This section has information on things such as rights to care and treatment, what to do if things go wrong, and what laws people using mental health services should know about.
All people who use the NHS have a set of rights laid out in the NHS Constitution. Visit this page on NHS Choices to find out more about your rights and the constitution.
Someone’s rights can become more complicated if they are being held under the Mental Health Act.
Mental Health Act
The Mental Health Act (1983) explains the process that needs to take place in order to detain and treat someone under a section of the Mental Health Act. This is also known as ‘sectioning’. The Act also details the rights of someone who is detained under the Act.
In 2007 the government made a number of important amendments to the original Mental Health Act 1983 to make sure it keeps pace with changes in the way that mental health services are delivered.
The Mental Health Act can be quite complicated to understand. The mental health charity Rethink have a very helpful Mental Health Act area on their website that may help to explain various parts of the Act.
Mental Capacity Act
The Mental Capacity Act 2005 provides a framework for protecting vulnerable people over the age of 16 who are not able to make their own decisions. It makes it clear who can make decisions for people who are unable to themselves and in what situations decisions can be made. It also allows people to plan ahead in case of a time where they may lose capacity.
Visit Rethink’s section on the Mental Capacity Act to find out more.
Managing Patient Data
The Trust complies fully with all legislation relating to the management of patient data, adhering to the Caldicott Principles.