If the person has been detained under section 2 or 3 and they want to appeal so that they can leave hospital earlier, they will need to get permission from the managers at the hospital or an
independent mental health tribunal. The staff on the ward will explain how to make an appeal.
The person has the right to free representation from the IMHA. See 'Who will arrange the hospital place?' for more information.
If the person has been detained under section 2 or 3 of the act or is a voluntary patient in a mental health hospital, they can find out more about their rights in the Equality and Human Rights Commission’s guide, ‘Your rights when detained under the Mental Health Act in England – Civil sections’. This is available online at equalityhumanrights.com/sites/default/files/notification_of_rights_civil_updated.pdf
What if I want to appeal against the person being detained in hospital?
If you believe the person should no longer be in hospital, you have the legal right to ask for them to be discharged. To do this, you’ll need to write to the hospital. You can also appeal to the mental health tribunal.
What if the person wants to appeal against being admitted to guardianship?
The purpose of guardianship is to provide a protective legal framework to support people with mental health conditions to receive care outside of mental health hospitals.
The guardian is usually a local authority, such as us (West Sussex County Council).
As the person’s nearest relative, you will be consulted by the AMHP carrying out the assessment. You will need to approve the guardianship application in order for it to go ahead.
If you do not approve the guardianship application and there is no alternative, it may be necessary for the AMHP to consider applying to the county court to change the nearest relative.
Any decisions the guardian makes take priority over the decisions of anyone with legal authority under the Mental Capacity Act 2005.
The guardian can decide that the person will:
• live in a particular place;
• go to a particular place for treatment or to attend work or training; and
• meet with specified professionals, such as a doctor or an AMHP, at the place where the person is living.
If the person wants to appeal against the guardianship, they will have to write to our Director of Adult Social Services (DASS) for permission to do this. See 'How can I make a complaint?' for details. Or, they can appeal to an independent mental health tribunal.
If you believe the person should not be on guardianship, you can appeal against it by writing to our Director of Adult Social Services. We will give you more details about this at the start of the guardianship arrangements.