FREE Know your rights

Transcription

1 FREE A guide to the easy read fact sheets for the Mental Health Act This newspaper is for patients, friends and families who want to know more about the Mental Health Act and their rights. In the newspaper you will find the from 16 fact sheets. The Department of Health made these fact sheets to help explain the Mental Health Act. The fact sheets were made because of a report called Transforming Care: A national response to Winterbourne View. The report said the Code of Practice must: be more accessible give clear information about your rights under the Mental Health Act explain the rules professionals should follow when working with people and families. There are also 4 films to help you understand your rights: Tribunals Family friends and carers Care and treatment Cultural and other needs You can download and read the fact sheets and watch the videos on the Department of Health website at:

2 plain English glossary Words in the Mental Health Act and what they mean in plain English. Absent without leave leaving a ward for any amount of time without permission from the Advance Statement An advance statement lets staff know how you want to be treated if you are unable to make a decision for yourself. Attorney An attorney is someone that you appoint to make decisions on your behalf. They can make decisions about your welfare, money and housing. Capacity Capacity, also called Mental Capacity means being able to make a decision at the time it is needed. Confidentiality Confidentiality means keeping your information private. Sometimes your information will need to be shared with other people (such as doctors or Tribunals) but you should be asked to give your permission. Consent Consent means giving your permission. This could mean giving your permission to sharing information or having treatment. Court of Protection The Court of Protection was set up as part of the Mental Capacity Act. It protects the rights of people who do not have Mental Capacity. Deputy A Deputy is someone appointed by the Court of Protection to make decisions for someone who lacks mental capacity. means being held in a hospital for assessment or treatment. This is sometimes called being sectioned. Discharge from hospital Being discharged means you can leave the Guardianship A guardian can be appointed to help and supervise people in the community. A guardian could be an organisation (like a local authority) or a person, approved by the local authority. Hospital managers Hospital Managers are the non-executive directors of the hospital where you are detained. They can also make decision about when to discharge people from the Independent Mental Health Advocacy is being supported by a person that is called an Advocate to have your voice heard and understand your rights. Leave of Absence this means having permission to leave the ward for a period of time. You might be able to go on your own, with a friend or a member of staff. Mental Disorder is any disorder or disability of the mind. It includes personality disorders, autistic spectrum disorders and learning disabilities. Nearest Relative A nearest relative is a term used in the Mental Health Act. It gives someone from your family rights and responsibilities if you are detained under the Act, on a community treatment order or a guardianship. Responsible Clinician The Responsible Clinician is someone in charge of your overall care and treatment while you are in Restraint Restraint means being physically held by members of staff Seclusion Seclusion is a room that is designed for Seclusion, it is a safe place people can be held until they are calm. Treatment Treatment means how you will be helped to get better. Treatment could include the use of medication, talking therapies or getting involved in activities. Tribunal A tribunal is an independent panel of people who can make a decision whether you should remain in hospital or not. You or your solicitor can apply to the Tribunal for a hearing. plain English glossary Words in the Mental Health Act Code of Practice and what they mean in plain English. The Code of Practice plain English glossary is available on the nhs website. For a full list of words and terms used by Mental Health professionals visit:

3 Information you must be given about your right to know why you must stay in Information you must be given about your right to know why you must stay in You should be given information about being detained in The information should be given to you in a way you understand. There are certain things you must be told about, we have written about them below. Ask for help to understand the information from an Independent Mental Health Advocate or someone you trust. When you are detained you must be told: Which section of the Mental Health Act you are detained under What rights (if any) your Nearest Relative has to help you be discharged and what can happen if your responsible clinician does not agree with that decision How to get help from an Independent Mental Health Advocate. Your right to information If you are detained under the Mental Health Act you must be given information to help you understand how the Act applies to you. The information should be given to you in a way that you will understand, things like: plain English, Braille, Easy Read or information in another language You must also be helped to understand: Why you have been detained The longest time you can be detained for and how that time might be made longer. How to get legal advice. How to make a complaint. About the Care Quality Commission Your right to be considered for a discharge, including applying to a Tribunal, what this is and does and how to access it. You should be told about your rights on a regular basis. An Independent Mental Health Advocate can help you understand your rights and support you.

4 Good questions to ask when someone is detained family to ask when you are detained family to ask if you are detained under the Mental Health Act. Information on this page comes from the fact sheet family to ask when you are detained. Sometimes it s difficult to know the right questions to ask. In this fact sheet we suggest some questions for families to ask hospital staff. How will I be involved in these decisions? Who can help my relative speak up when I am not there? How are you going to keep my relative safe? What do I do if I don t feel my relative is safe, or getting the care and treatment they need? What restrictions might my relative experience? Why is my relative in hospital? Who will be looking after them? Do they have to stay in hospital? What care and treatment is my relative getting? What do they think it will achieve for my relative How do I visit and stay in touch? Are there restrictions placed on my visits, can I take my relative out? Is there any help with travel costs? Can my relative visit me at my home? Who decides when they leave? If you are the nearest relative do you know your rights? What is the plan of treatment? How long will it last, or what will things need to look like before my relative can leave? What support will my relative get when they leave? How long will that last for? What can I do if I feel they need further help? How will my relative be involved in these decisions? Will I be told when restrictions have been used? What do we do if my relative is discharged before he/she is well again? Will my relative be given ECT (Electro Convulsive Therapy)? How do I make a complaint? Will my relative be able to move to a hospital near me?

5 People making decisions for you What you need to know about people making decisions for you. People making decisions for you What you need to know about people making about detention and your rights. is when you have to stay in Guardianship about Guardianship and your rights. decisions for you. A Lasting Power of Attorney is someone you say can make some decisions for you in the future. The law tells you how to create a Lasting Power of Attorney. You must do what the law says. The Court of Protection can also decide on someone to make plans for you and that is called a Deputy This can be hard to understand and you should ask for help from your Independent Mental Health Advocate or someone else you trust. Guardianship is used to help you live outside of Your Guardian can decide things for you, like where you live. You can ask your Independent Mental Health Advocate to help you understand about your Guardianship. Visiting about your right to have visitors when you are detained in Visiting about your right to have visitors when you are detained in You can have visitors. Your visitors can be very important in giving you support. There are different rules for different wards. There will be things your visitors can and can not bring you. The staff and your Independent Mental Health Advocate can help you understand this.

6 Detained under the Mental Health Act You may have questions... Why am I here? How long for? Do I have to stay? What if I don t agree? You can ask for more information Ask for the Code of Practice The easy read helps you understand your rights.

7 about detention and your rights. is when you have to stay in about detention and your rights. is when you have to stay in about detention and your rights. is when you have to stay in Your treatment and Care Plan This fact sheet tells you about your medical treatment and your rights. is sometimes called Sectioned. means being made to stay in The rules of the must be followed if you are made to stay in You can be detained in hospital for assessment or for treatment. Other ways of supporting you in the community should be talked about before. You can ask your Independent Mental Health Advocate to help you understand your. If you are detained in hospital you will be getting Medical Treatment. Your Medical Treatment will be written down in a Care Plan. Sometimes you can be given treatment without your consent. Consent is when you say it s OK to do something. You should be shown your Care Plan and asked what you think. Your Independent Mental Health Advocate can help you understand your treatment.

8 Sharing your information with professionals about your rights and sharing your information with professionals. Sharing your information with professionals about your rights and sharing your information with professionals. Sometimes the hospital can share your information. They should ask you first. But they can share some information even if you say no. Your Independent Mental Health Advocate can help you understand this. Everyone is equal about people being equal and your rights. Everyone is equal about people being equal and your rights. The Equality Act is a law. The Equality Act says all people should be treated fairly. The Equality Act says if you have a disability they might have to change things for you. You can ask staff at the hospital how they make sure they follow the Equality Act. about detention and your rights. is when you have to stay in Leaving the ward This fact sheet tells you about leaving the hospital ward where you are detained. Leave means being able to leave the ward you are detained on There are different kinds of Leave and sometimes you might have to go with staff You may be given Leave in the hospital grounds or the local community Your Leave is decided by your Responsible Clinician Your Independent Mental Health Advocate can help you understand this.

9 Questions to ask when you are detained Questions for you to ask if you are detained under the Mental Health Act. Questions to ask when you are detained Questions for you to ask if you are detained under the Mental Health Act. plain English glossary Words in the Mental Health Act Code of Practice and what they mean in plain English. Information you must be given about your right to know why you must stay in Why am I here how will hospital help me? Do I have to stay? How long do I have to stay? How can I stay in touch with my friends and family? You should be given information about being detained in The information should be given to you in a way you understand. There are certain things you must be told about, we have written about them below. You can always ask for help to understand the information from an Independent Mental Health Advocate or someone you trust. family to ask when you are detained family to ask if you are detained under the Mental Health Act. Community Treatment Orders about Community Treatment Orders and your rights. A Community Treatment Order means you get your treatment in your community. There are rules to this and you must follow them. If you don t you can be made to go back to

10 Independent Mental Health Advocate What you need to know about Independent Mental Health Advocates. Independent Mental Health Advocate What you need to know about Independent Mental Health Advocates. Independent Mental Health Advocates help with your rights and making your decisions Independent Mental Health Advocates are independent and are there for you Independent Mental Health Advocates are free. Sometimes people talk about your IMHA. This is the same as your Independent Mental Health Advocate. How information about you is shared with your family, friends and carers Sharing my information with my family, friends and carers and my rights How information about you is shared with your family, friends and carers Sharing my information with my family, friends and carers and my rights. Normally the people involved in your care will not share your information unless you say they can There are times they can share some things without you saying they can To know more speak to your Independent Mental Health Advocate. Your Nearest Relative This fact sheet tells you about Your Nearest Relative and their rights. Your Nearest Relative This fact sheet tells you about Your Nearest Relative and their rights. Nearest Relative is a term used in the Mental Health Act. tells you who your Nearest Relative should be. Their job is to look out for you, and make sure your wishes and choices are heard and understood.

11 Posters and fact sheets Easy read fact sheets and posters to help you understand the Mental Health Act plain English glossary Words in the Mental Health Act Code of Practice and what they mean in plain English. Your Nearest Relative This fact sheet tells you about Your Nearest Relative and their rights. Information you must be given about your right to know why you must stay in Guardianship about Guardianship and your rights. Independent Mental Health Advocate What you need to know about Independent Mental Health Advocates. How information about you is shared with your family, friends and carers Sharing my information with my family, friends and carers and my rights Everyone is equal about people being equal and your rights. Questions to ask when you are detained Questions for you to ask if you are detained under the Mental Health Act. Leaving the ward This fact sheet tells you about leaving the hospital ward where you are detained. Sharing your information with professionals about your rights and sharing your information with professionals. Visiting about your right to have visitors when you are detained in Community Treatment Orders about Community Treatment Orders and your rights. People making decisions for you What you need to know about people making decisions for you. family to ask when you are detained family to ask if you are detained under the Mental Health Act. about detention and your rights. is when you have to stay in Your treatment and Care Plan This fact sheet tells you about your medical treatment and your rights. Why am I here? Detained under the Mental Health Act You may have questions... How long for? Do I have to stay? What if I dont agree? You can ask for more information The easy read helps you understand your rights. Ask for the code of practice An IMHA helps you know your rights Independent Mental IMHA Health Advocate An IMHA is someone who helps you know your rights and speak up You have a right to an IMHA Staff must tell you how to get an IMHA You can ask for an IMHA at any time The easy read Mental Health Act Fact sheets to help you understand your rights. Community Treatment Orders Everyone is equal Guardianship How information about you is shared with your family, friends and carers Independent Mental Health Advocate (IMHA) 17 easy read fact sheets about the Mental Health Act Information you must be given Leaving the ward People making decisions for you family to ask when you are detained Questions for you to ask when you are detained Sharing your information with professionals Visiting Your decisions and wishes in advance Your Nearest Relative Your treament and Treatment Plan plain English glossary