Legal rights
It can be hard to understand what your rights are, or how to assert them - especially when you're unwell. We have information for you on sectioning, discrimination, and your rights in other common situations. These guides are for adults in England and Wales who live with mental health problems.
Sectioning, hospital treatment and discharge
Sectioning
Explains:
- What different types of section mean
- How the assessment works
- Your rights under the Mental Health Act
Nearest relative
Explains:
- What a nearest relative is
- What powers and rights they have
- How you can change your nearest relative
Community treatment orders (CTOs)
Explains:
- What a CTO is
- How it affects you
- How you or your family member can change or end it
Police and mental health
Explains:
- What happens if you're arrested
- Your rights at the police station
- Sections 135 and 136
Discrimination rights
Disability discrimination
Explains:
- When a mental health problem is a disability
- Different types of discrimination
- How the Equality Act 2010 protects you
Discrimination at work
Explains:
- What laws protect you at work
- Telling an employer about your mental health
- What you can do if they discriminate against you
Your rights in everyday life
Health and social care rights
Explains:
- Needs and financial assessments
- Personal budgets and direct payments
- Carers' rights
- How to complain about poor care
Housing rights
Explains your rights if:
- The condition of your home affects your mental health
- Your mental health problem affects your living situation
- You're homeless, sleeping rough or facing eviction
Claiming benefits
Explains:
- How to find out what you can claim
- Tips on filling out benefits forms
- Where to get support
DBS checks
Explains:
- What jobs require DBS checks
- What will show up on a DBS check
- How to dispute what's on your record
Insurance cover
Explains:
- How mental health problems can affect getting insurance
- Details of providers who cover pre-existing conditions
Fitness to drive
Explains:
- Your right to drive with a mental health problem
- What you need to tell DVLA
- How to appeal if your licence is taken away
Accessing my personal information
Explains:
- Your rights to see what's in any records about you
- How to access your records
- What to do if something written about you is wrong
Courts and mental health
Explains:
- What can happen if you're charged with a crime
- What happens when you to go court
- How courts take your mental health into account
How to complain about health or social care
Explains how to make a complaint if you've had a bad experience with healthcare or social care.
Legislation guides
Mental Health Act 1983
A general guide to your rights under the Mental Health Act. Includes FAQs, explanations of legal terms and links to further legal information and support.
Mental Capacity Act 2005
A general guide on how the Mental Capacity Act affects you and how you can plan ahead in case you lose the capacity to make decisions for yourself.
Legal glossary
Explains legal terms that you may find when dealing with mental health-specific law.
