Your rights and mental health legislation
Mental health legislation in Wales and the UK runs to thousands of pages and can be impossible to follow without a law degree. However there are many resources that can help you find out what your rights are, and what you are entitled to when you use mental health services. Below are a few that we have collated for you.
Rights
Read about the Mental Health Act: https://www.nhs.uk/mental-health/social-care-and-your-rights/mental-health-and-the-law/mental-health-act-easy-read/
Advocacy in Powys
Advocacy is “taking action” to help people say what they want, secure their rights, and obtain the services they need.
The three different advocacy roles in Powys:
Independent Mental Health Advocacy (IMHA)
IMHAs are independent mental health advocates who represent people admitted to hospital for support with their mental health. In Powys, an organisation called CADMHAS is contracted to provide the independent service.
They can help anyone, either placed under a section or informal, who is being treated for a mental health disorder in hospital or in a registered setting that are subject to a supervised community treatment order (CTO), guardianship order, or have been conditionally discharged.
IMHA’s can help support people and make sure their views are heard in meetings; help them understand more on the section they have been put on, assist in understanding rights and accessing relevant records. IMHA’s can also provide support in many more areas.
In order for advocates to provide this service, clients must meet the following criteria:
- Be living in an establishment that is registered with the Health Inspectorate for Wales
- Be receiving assessment or treatment for mental health problems
- If living in a community setting individuals must be under a community treatment order, guardianship order, conditionally discharged, or individuals who are restricted patients
How do I make a Referral?
The preferred method is for referrals to be made via their website (Referral Forms – CADMHAS: Mental Health Advocacy Service).
Otherwise, referrals can be made by phone at 01745 813999 or by sending a referral to admin@cadmhas.co.uk
Independent Mental Capacity Advocate – IMCA
Independent Mental Capacity Advocates provide advocacy for people who lack capacity to make certain decisions and have no one to support and represent them. Your local Independent Mental Capacity Advocates can be contacted using the following details:
South Powys
Kirstie Morgan
Room 27, Hafren Ward
Bronllys Hospital, Brecon
Powys, LD30LU
Tel: Kirstie Morgan 07967808145
Email: kirstie.morgan@wales.nhs.uk
North Powys
Lynda Evans
Fan Gorau
Llanfair Road
Newtown
Powys,
SY16 2DW
Tel: Lynda Evans 07736120924
Email: lynda.evans3@wales.nhs.uk
PTHB Community Mental Health Advocacy Service
Covering North and South Powys, five days a week, Monday to Friday, if you are over the age of 18 and in receipt of secondary Mental Health Services, the Advocacy Service can assist in a variety of ways. You can discuss your concerns and worries confidentially about any aspect related to your problem. These may include medication, support, service provision or other issues that affect you.
A Community Mental Health Advocate will:
Put forward your point of view to others and/or act on your behalf.
- Listen to your concerns.
- Will help you to understand policy and procedures.
- Treat you with respect and fairness.
- Can provide information on your rights’ concerning aspects of your care
- Can accompany, support and represent your views while attending mental health related meetings and other relevant meetings.
- Assist with access to information.
- Can direct you towards other sources of help, locally and nationally that may be useful to you.
- Support your right to be free from discrimination.
- Can provide information and links to support you making a complaint about the mental health services you receive
Contact Powys Mental Health Advocacy Service:
South Powys
Kirstie Morgan
Room 27, Hafren Ward
Bronllys Hospital, Brecon
Powys, LD3 0LU
Tel: Kirstie Morgan 07967808145
Email: kirstie.morgan@wales.nhs.uk
North Powys
Lynda Evans
Fan Gorau
Llanfair Road
Newtown
Powys,
SY16 2DW
Tel: Lynda Evans 07736120924
Email: lynda.evans3@wales.nhs.uk
You can find out more about the different advocacy roles in Wales, and how the advocates can help, on this Mind website page.
Llais – your voice in health and social care
Llais provides a free, confidential and independent complaints advocacy service for people who want help raising concerns about health and social care services. More here.
Sectioning - Sections 135 & 136
Know your rights when it comes to the powers that the police have in relation to detention.
What’s the difference:
Both the 135 and 136 deal with the police powers to detain you and take you to a place of safety if there is reasonable cause to believe that you are mentally unwell AND pose a threat to yourself or others.
A Section 135 would be used if a person was unwell in their own home, whilst a Section 136 is used in situations outside of a private home.
Section 135:
A Section 135 is used to allow the police to enter your home and take you to a place of safety. There must be a warrant obtained from a magistrates court by an approved mental health professional (AMHP) to allow them to do this. The police could then take you to a designated place of safety.
Section 136:
A Section 136 allows the police to detain and take you to a place of safety if you are outside of a private home. They must have consulted an AMHP, registered medical professional , nurse, occupational therapist or a parmedic beforehand.
Place of Safety:
A place of safety can be:
- a hospital
- a care home
- a police station
- your or someone else’s home or room
- other suitable premises where the manager of those premises agrees.
In Powys, there is a designated specialist Section 136 suite at Bronllys Hospital. In most circumstances you would be taken here, but it may be one of the other places specified depending on circumstances.
Once you are in a place of safety you can be kept there for up to 24 hours to be assessed, which can be extended by another 12 hours if it has not been possible to make an assessment in the first 24 hours.
Your home or room can only be used as a place of safety if you agree and, if you live with other people, they agree too. Someone else’s home or room can only be used if you both agree.
A police station can only be used as a place of safety if your behaviour poses an imminent risk of serious injury or death to yourself or another person. The decision must be authorised by an inspector after consulting with a registered medical practitioner, a registered nurse, an appropriate healthcare practitioner, an occupational therapist or a paramedic.