What is the Mental Health Act? - Surrey and Borders Partnership ...

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What is the Mental
Health Act?
Information on the legislation and people’s rights

What is the Mental Health Act?
The Mental Health Act was
first introduced in 1983
(further amended in 2007)
and sets out how you can be
treated if you have a mental
disorder, and what your
rights are.
The Mental Health Act says
what legal powers doctors
and Approved Mental Health
Professionals (AMHPs) have
to detain you in a hospital
against your will. The
doctors involved will either
already know you (such as
your GP) or be approved
under Section 12 of the
Mental Health Act.
The role of the doctors is
to make recommendations
for an application to be
assessed. The role of the
Approved Mental Health
Professional is to ensure
that an application to be
assessed is necessary and
that no ‘less restrictive’ form
of intervention can be used.
The doctors and Approved
Mental Health Professional
will consider making an
application for keeping you
in hospital against your will,
if it is felt that you may
cause injury to yourself or
others and if it is felt that
you may not necessarily
be aware enough to access
the proper medical care
required.
It lays down what doctors
and Approved Mental Health
Professionals can and can’t
do and what rights you and
your relatives have.
An application for you to be
assessed will be made on the
basis of nature (for example
a diagnosis of mental
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disorder or past history) or
degree (which is the level
your mental disorder is
affecting you and the risks
for you and for others).
The Mental Health Act
outlines a legal framework,
which has to be followed
to ensure your rights are
protected. The Mental Health
Act sets out:
• when you can be taken into
hospital against your will
• when you can be given
treatment against your will
• what your rights are
• what safeguards there are
to make sure your rights
are protected.
The Mental Health Act 1983
is divided into sections. You
can be kept in hospital under
different sections so you can
be assessed or so you can
be provided with treatment
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for a mental disorder. When
you are admitted to hospital
under compulsion this is
commonly known as “being
detained under the Mental
Health Act”. The length of
the hospital stay depends on
the type of section applied
under the Mental Health Act.
Definition of mental disorder
Mental disorder is defined as
‘any disorder or disability of
mind’.
This definition includes
conditions such as
schizophrenia, depression,
bipolar disorder, anxiety
disorder, obsessivecompulsive
disorder,
personality disorders, eating
disorders, dementia, brain
injury and mental disorders
due to drug use.

Note: a person with a
learning disability is not
considered to be suffering
from mental disorder for
most purposes under the
Act; or to require treatment
in hospital, unless that
disability is associated
with abnormally aggressive
or seriously irresponsible
conduct.
What is an assessment?
Some people can experience
severe mental health
problems that require
admission to hospital for
assessment and treatment.
When you are kept in
hospital against your will,
there are usually three
people involved in the
assessment application.
These three people would
consist of an Approved
Mental Health Professional
or nearest relative (specified
by Section 26 of the Act), a
Section 12 approved doctor
and a registered medical
practitioner (who would be
based in the hospital or in
your local community and
who would know you).
If a doctor who knows you
is not available you will see
a second Section 12
approved doctor. A Section
12 doctor has extra training
under the Mental Health Act.
The two doctors must
agree and make medical
recommendations (they
can make these jointly or
separately), that you are
suffering from a mental
disorder of a nature or
degree which means you
must stay in a hospital for
assessment or treatment
and that you ought to
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e kept in hospital in the
interest of your own health,
your own safety or with a
view to the protection of
other people.
The recommendation must
include a statement about
why an assessment and/
or treatment is necessary,
and why other methods
of helping you are not
appropriate.
During an assessment you
will be asked questions and
asked about how things have
been going for you. A Mental
Health Act assessment will
enable the doctors and
Approved Mental Health
Professional to pay attention
to:
• how well you feel
emotionally
• your behavioural history
• how well you are able
to think
• your medication history
• how well you are able to
reason
• cultural issues or factors
• how well you are able to
remember
• significant events in your
life.
Role of the Approved Mental
Health Professional
An Approved Mental Health
Professional is the person
responsible for organising,
co-ordinating and making
the applications for
detention under the Mental
Health Act. They are there
to ensure that the legal
criteria is met and that an
application must be the
least restrictive option
available to you. They tend
to be social workers, who
have undergone additional
training and who have
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een approved by the local
authority to carry out
designated duties under the
Mental Health Act.
The Act gives them
the power to make an
application for admission to
a hospital under a section
of the Act (though some
sections deal with detention
in other specified places,
which is not so common).
They will assess if detention
in hospital or specified place
is the best way of providing
care and medical treatment
for your needs.
When making that decision,
‘all the circumstances of
the case’ are required to
be considered. That might
include, the past history of
your mental disorder, your
present condition and the
social, family and personal
factors which may effect it,
you and your relatives’ and
carers’ wishes, the opinion of
other professionals involved
in caring for you, as well as
the other options available
for supporting you.
They will fully explain
the process and choices
available to you. You have
the right to see them alone
and they have a duty to
ensure that they interview
you in a suitable manner.
Role of the ‘Section 12’
Doctor
Medical recommendations
are to be made by two
doctors, one of the two
having being Section
12 approved. A Section
12 approved doctor is a
medically qualified doctor
who has expertise in mental
disorder.
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Role of the ‘nearest relative’
People described in the
Mental Health Act as
‘nearest relatives’ have
various rights in relation to
you as the patient under the
Act. The nearest relative is
important as he or she has
the power to discharge you
from some sections of the
Act.
Who do we mean by ‘nearest
relative’?
It is important that you
are clear about who your
‘nearest relative’ is.
The Mental Health Act says
that your ‘nearest relative’
does not have to be your
next of kin or even a family
member. It could be a friend
or someone you trust who
lives with you.
Make sure you are certain
about who you would want
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as your ‘nearest relative’. In
many cases he or she may be
your parent or grandparent,
brother or sister, husband,
wife or partner, but it
doesn’t have to be one of
them.
Your nearest relative does
not have to act as your
nearest relative. They can
‘delegate’ their powers
to another person. There
are two forms available to
do this and an Approved
Mental Health Professional
or care coordinator can
help them do this. It is not a
complicated process.
If you do not want your
nearest relative to be your
nearest relative you can
talk to your solicitor or an
Approved Mental Health
Professional about how you
do this.

What we do with your
information
In Surrey, we work in
integrated teams combining
health and social care
professionals. These
professionals ensure that
confidentiality is a basic
principle in the relationship
between social care, health
professionals and patients.
In general, information
disclosed by you to your
doctor or team is regarded
as confidential. However, the
information may be passed
to someone else in cases of
emergency.
There are clear processes
regarding how your
information is kept and used
to ensure you receive the
care you need. Your care
team should give you these
leaflets and you will be asked
who you would like your
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information to be shared
with.This information will
be put on your record. It is
important that you should
be made fully aware of what
you are agreeing to.
There are two main
exceptions to the ‘duty of
confidence’. Firstly, public
interest can override
the duty. For example, a
psychiatrist could pass on
information about you to
the police if it was felt that
you would be a danger to
other people. Secondly,
disclosure of confidential
information may be
permitted or required by
statute or a court order.
The information sharing
leaflets will fully explain
information sharing to you.

Advocacy information
An advocate is someone
who enables you to ‘find
your voice’ and to express
your views, for example, at a
Tribunal hearing.
Advocacy is often about
ensuring these views are
acknowledged and taken
seriously, when others may
be unable or unwilling to
give weight to them.
The Mental Health Act
states that you have
the right to access an
Independent Mental Health
Advocate (IMHA). It is the
responsibility of Surrey
County Council and Surrey
and Borders Partnership
NHS Foundation Trust to
provide you with details of
the independent advocacy
service if you reside within
their area.
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Unlike a named person,
the advocate cannot act
independently of you, but
rather will be able to help
you represent your wishes
and feelings.
Useful contacts
Your local care team should
also be able to provide
you with useful contact
numbers.
Details of local teams,
hospital teams and advocacy
services are found on the
next few pages.

Community mental health teams
Conifers - Farnborough
01483 783555
Sorrel Close, Farnborough, Hampshire GU14 9XW.
Cranleigh
01483 517200
Bloggs Way, Cranleigh, Surrey GU6 8AW.
Elmbridge and Cobham
Elmbridge East: 0208 873 4300
Joseph Palmer Centre, 319a Walton Road, West Molesey,
Surrey KT8 2QG.
Elmbridge West: 01932 266900
62-64 Bridge Street, Walton on Thames KT12 1AP.
Epsom - Ewell and Banstead Primary Care
01372 204000
Farmside, Horton Lane, Epsom, Surrey KT19 8BP.
Farnham
01483 782095
Farnham Hospital, Farnham, Surrey GU9 9QL.
Godalming
01483 415155
41 Binscombe Lane, Godalming, Surrey GU7 3PP.
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Guildford
01483 443551
Nightingale Building, Farnham Road, Hospital, Farnham
Road Hospital, Guildford, Surrey GU2 7LX.
Haslemere
01483 783090
Haslemere Hospital, Haslemere, Surrey GU27 2BJ.
Hollies - Aldershot
01252 312788
23 Grosvenor Road, Aldershot, Hampshire GU11 1DL.
Mole Valley Primary Care
01306 502400
Clarendon House, Dorking, Surrey RH4 1QJ.
Redhill - Reigate - Horley Primary Care
01737 272301
Shaws Corner, Reigate, Surrey RH2 7DG.
Runnymede
01932 723392
Lake House, Chertsey, Surrey KT16 0AE.
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Spelthorne
01784 440204
Glenthorne, Staines, Surrey TW18 1BT.
Surrey Heath
01276 671102
Sycamore House,16 Southwell Park Road, Camberley,
Surrey GU15 3PX.
Tandridge Primary Care
01883 385481
Langley House, Church Lane, Oxted, Surrey RH8 9LH.
Woking
01483 756318
Bridgewell House, 29 Claremont Avenue, Woking,
Surrey GU22 7SF.
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Hospital in-patient units
Epsom General Hospital Department of Psychiatry
01372 204206
Langley Wing, Dorking Road, Epsom, Surrey KT18 7EG.
Epsom General Hospital - Delius Ward
01372 204159
Langley Wing, Dorking Road, Epsom, Surrey KT18 7EG.
Epsom General Hospital - Elgar Ward
01372 204176
Langley Wing, Dorking Road, Epsom, Surrey KT18 7EG.
Epsom General Hospital - Fenby Ward Psychiatric Intensive
Care Unit
01372 204100
Langley Wing, Dorking Road, Epsom, Surrey KT18 7EG.
Epsom General Hospital - Gershwin Unit
01372 204200
Langley Wing, Dorking Road, Epsom, Surrey KT18 7EG.
Farnham Road Hospital - Arc 1 and 2
01483 443612
Noel Lavin Unit, Farnham Road Hospital, Guildford,
Surrey GU2 7LX.
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St. Peters Hospital - Laureate Ward - Psychiatric Intensive
Care Unit
01932 722473 or 01932 723289
Abraham Cowley Unit, St Peters Hospital, Lyne, Chertsey,
Surrey KT16 0QA.
St. Peters Hospital - Clare and Blake Ward
01932 872010
Reception: 01932 872010 X6055
Abraham Cowley Unit, St Peters Hospital, Lyne, Chertsey,
Surrey KT16 0QA.
Ridgewood Centre - Wingfield Ward
01276 605316
Ridgewood Centre, Frimley, Surrey GU16 9QE.
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Advocacy services
Ridgewood Centre
01276 605399
Wingfield Ward, Old Bisley Road, Camberley,
Surrey GU16 9QE.
Matrix Advocacy Service
012 56 398928
Abraham Cowley Unit, Guildford Road, Chertsey,
Surrey KT16 0QA.
Rethink
www.rethink.org
Works with people to defend their rights and interests; to
support their wishes to be heard; to ensure that they are
treated with dignity and that they have their views respected.
Crisis Line Helpline
0300 456 83 42
Staffed by care professionals who are experienced in
working with people with mental health issues.
Mind Drop-in Centre
01932 231918
4a Church Street, Walton.
Advice / information, befriending scheme, exercise,
IT groups / facilities, workshops.
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Surrey County Council
County Hall
Kingston Upon Thames
KT1 2DN
If you would like this information in large
print, Braille, on tape or in another
language please contact us on:
Tel: 03456 009 009
Minicom: 020 8541 9698
Fax: 020 8541 9575
Email: contact.centre@surreycc.gov.uk
Created by the Communications Design Team. 09.10.RN.CS1912.