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Mental Health Act Commission & Patients' rights
Mental Health Act Commission.
The Mental Health Act Commission (MHAC) consists of 90 psychiatrists, lawyers, psychologists, nurses, social workers and laypersons. It is directly responsible to the Secretary of State and has a statutory role to:
- Provide independent second opinions on consent to treatment.
- Protect the rights of detained patients through regular hospital visits and investigating complaints.
The MHAC has published a "Code of Practice" outlining good practice in the application of the MHA and other aspects of mental health care.
Patients' rights.
Under the MHA patients have their rights defined. Some of these are:
- Detained patients must be informed of their right to appeal.
- Health Authorities and Social Services have a duty to provide aftercare to patients discharged from Sections 3 or 37. A Section 117 meeting should be convened with all those professionals present who will be involved in treatment after discharge.
- Informal patients in psychiatric hospitals retain the right to vote.
- Mail to or from any patient may not be withheld except under special circumstances.
- All patients, formal or informal, retain the right to manage their financial affairs etc.
- If a patient at home or in hospital seems incapable of running their affairs these can be taken over by "the Court of Protection" especially set up for this purpose.
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