Important
Changes to the Mental Health Act were agreed by government in 2025. The changes will happen in stages over several years.
About the factsheets
The Mental Health Act is a law that tells people with a mental health condition what their rights are and how they can be treated.
Being detained (also known as sectioned) under the Mental Health Act is when you're made to stay in hospital for assessment or treatment.
It's important that you know what happens to you when you're detained, what your rights are and where you can seek help.
The Mental Health Act Code of Practice tells everyone how to use this law and what they must do.
The leaflets explain in detail:
- what information you should get if you're sectioned
- what health professionals should or should not do
- what your rights and choices are
You can download or print out each leaflet. Ask someone you trust to explain anything that's unclear to you.
You can also take the leaflets to a mental health advocacy service. Advocacy services can help you express your views, support you in your rights, and help you make choices if you feel you need extra support.
Words you may not know
The leaflets may have words that you do not know. This guide will explain most words used in simple terms: Code of Practice plain English glossary (PDF only, 2.47MB).
Download the factsheets
I'm detained in hospital. What does it mean?
Find out what happens when you're made to stay in hospital. This could be for treatment or assessment. Find out about your rights and who you can ask for help.
Download: Detention (PDF only, 2.61MB)
What is a community treatment order?
Find out what happens when you leave hospital and get treated in the community. Learn about the conditions you need to follow and what happens if you do not follow them.
Download: Community treatment orders (PDF only, 2.73MB)
How to give someone the power to make decisions for you
Find out who can make decisions for you and how you can give them the right to make these decisions. Also find out what decisions they cannot make for you.
Download: People making decisions for you (PDF only, 2.65MB)
Everyone is equal. What does that mean?
There's a law called The Equality Act, which says that everybody should be treated fairly. Find out how this law can help you and who you can ask for advice.
Download: Everyone is equal (PDF only, 2.90MB)
What is guardianship?
A guardian is someone who can help you live outside of hospital. They can also make decisions for you, like where you live. Find out what else a guardian can do for you and who you can ask to help you understand your guardianship.
Download: Guardianship (PDF only, 3.45MB)
What are Independent Mental Health Advocates?
An Independent Mental Health Advocate can explain your rights to you. You can contact one if you are not sure what to do and need help to make decisions. Sometimes they're just called IMHA and these sessions are free.
Download: Independent Mental Health Advocate (PDF only, 2.63MB)
Information you must be given
When you're detained in hospital, someone must explain what happens to you and why. The information should be easy for you to understand, but if you do not, they should explain it again. You can also ask an Independent Mental Health Advocate to help you.
Download: Information you must be given (PDF only, 2.55MB)
Leaving the hospital ward
Leave means being able to leave the ward you're detained in. There are different kinds of leave, and sometimes you might have to go with staff. Find out who decides your leave.
Download: Leaving the ward (PDF only, 2.54MB)
What does the term 'your nearest relative' mean?
The Mental Health Act often uses this term. It also tells you who your nearest relative should be. The term is used to refer to someone who looks out for you and makes sure your wishes and choices are heard and understood.
Download: Your nearest relative (PDF only, 2.90MB)
What should your family ask when you are detained?
It's sometimes difficult to know the right questions to ask. This factsheet has some suggestions for family about what to ask hospital staff.
Download: Questions for your family to ask when you are detained (PDF only, 2.43MB)
What questions should you ask when you are detained?
It's sometimes difficult to know the right questions to ask. This factsheet has some questions you could ask hospital staff, which should help you understand what's happening to you and why.
Download: Questions to ask when you are detained (PDF only, 2.61MB)
Can professionals share information about you with each other?
Professionals sometimes need to share information about you. They often need to ask you first for permission, but sometimes they do not. Learn more about your rights and who to ask for advice.
Download: Sharing your information with professionals (PDF only, 2.57MB)
Can professionals share information about you with your family, friends and carers?
The team in charge of your treatment cannot give your family information about you without asking you first. You can choose what they share. This is called giving consent.
Download: How information about you is shared with your family, friends and carers (PDF only, 2.72MB)
Can people visit me in hospital?
You have the right to visitors when you're made to stay in hospital, but there are different regulations, depending on the ward you're staying in. You can also say when you do not want anyone to visit you.
Download: Visiting (PDF only, 2.83MB)
How can I make sure people know what I want?
If you know that you may have to go into hospital at some point, you can tell people how you'd like to be treated in advance. There are different ways to do this, and you may have to fill in forms. Find out how it works and who can help you with the legal bits.
Download: Your decisions and wishes in advance (PDF only, 2.78MB)
Your treatment and care plan
If you have to stay in hospital for treatment, you'll get what is called a care plan (sometimes called a treatment plan). The plan will say what's going to happen and you should say whether you're OK with it or not. That's called giving consent. You can always ask someone to help you with the decision.