Your Rights as a Mental Health Patient
Whether you are receiving mental health treatment voluntarily or are detained under the Mental Health Act 1983, you have important legal rights. These include the right to information, the right to challenge detention, the right to an independent mental health advocate, and protections around consent to treatment.
Last updated: 2026-03-09
Your Rights
Right to information about your detention
If you are detained under the MHA, the hospital must tell you which section you are detained under, your right to appeal to the Mental Health Tribunal, and your right to an independent mental health advocate (IMHA).
Right to appeal to the Tribunal
You can apply to the First-tier Tribunal (Mental Health) to challenge your detention. The tribunal can order your discharge if the criteria for detention are no longer met.
Right to an Independent Mental Health Advocate (IMHA)
If you are detained or subject to a community treatment order, you have the right to an IMHA who can help you understand your rights, attend meetings, and support you in tribunal applications.
Right to refuse treatment (with limits)
Voluntary patients can refuse any treatment. Detained patients can be treated without consent for mental disorder in some circumstances, but certain treatments (ECT, after 3 months medication) require additional safeguards (SOAD approval).
Right to a nearest relative
Your nearest relative has rights including the right to request your discharge from hospital. The hospital can only prevent this by applying to the County Court.
Right to free legal representation
For Mental Health Tribunal applications, you are entitled to a specialist solicitor funded by legal aid with no means test.
Common Myths
If you're sectioned, you have no rights
Detained patients have extensive rights including the right to appeal, an advocate, free legal representation, and limitations on the treatment that can be given without consent.
You can be sectioned for being eccentric or difficult
Detention requires a mental disorder of a nature or degree warranting hospital treatment, and it must be necessary for your health/safety or the protection of others. Disagreeable behaviour alone is not sufficient.
Once sectioned, you stay until the doctors decide to release you
You can apply to the Mental Health Tribunal which has the power to order your discharge. Your nearest relative can also apply for your discharge.
What To Do
Ask for your rights to be explained
If you are detained, hospital staff must explain your rights. Ask for a written copy if you haven't received one.
Request an IMHA
Ask hospital staff to arrange an Independent Mental Health Advocate to support you.
Apply to the tribunal
Complete Form T1 to apply to the Mental Health Tribunal. Staff should help you or contact a solicitor.
Contact a specialist solicitor
You are entitled to free legal representation. Ask for a list of mental health solicitors or contact the Law Society.
Key Legislation
- Mental Health Act 1983
- Mental Capacity Act 2005
- Human Rights Act 1998 (Article 5)
- Mental Health Act 2007
Useful Contacts
Rethink Mental Illness
Advice and support for people affected by mental illness.
Tel: 0808 801 0525
Website