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Introduction

The Mental Health Act 1983 (the act) makes sure you get the right care and support if you have a mental health crisis and services in the community can no longer help you keep safe and well.

This information is for people who have had an assessment under the act and who:

  • will be admitted to a hospital and will be staying there voluntarily;
  • will not be admitted to a hospital and will be referred for services in the community; or
  • can decide what they want to do for themselves and do not need further specialist help.

There is also information in this leaflet about what help is available for your family and friend carers.

If you are detained under the act following an assessment, the approved mental health professional (AMHP) should give you a copy of a separate guide to your rights under the act, including your right to appeal. See 'Why might I be assessed under the act?' for information about AMHPs.

Guiding principles

There are five principles which professionals must always consider when making decisions relating to care, support or treatment. These principles apply at the assessment stage and once you have been admitted to hospital (if this applies).

Principle 1: Least restrictive option

Anyone who is assessed and cared for under the act must not be restricted unnecessarily, and the outcome must be provided in the least restrictive way. When professionals are making decisions on a person’s behalf, they must also assess whether there is any need to act at all.

Principle 2: Individuals being supported to make their own decisions – empowerment and involvement

Anyone who is assessed and cared for under the act must be given practical support to make decisions for themselves.

Principle 3: Treated with respect

Anyone who is assessed and cared for under the act, and their family members and carers who are consulted for information, should be treated with respect and dignity and their views listened to by professionals.

Principle 4: Purpose and effectiveness

Any decision about care and treatment under the act must be specific to the person’s personal circumstances, have clear therapeutic benefit to them, promote their recovery, and be based on best-practice guidelines.

Principle 5: High quality

Health and social care organisations should work together to make sure that the services they provide are of high quality and will help the person leave hospital safely and with appropriate support in place.

Last updated: 09 November 2022