Space To Breathe Therapy

Your Rights When Detained

Understanding information, advocacy, treatment, leave, review and ways to challenge detention

Being detained under the Mental Health Act does not mean losing all control or all of your rights. The law contains safeguards intended to ensure people understand what is happening and have routes to seek support, review decisions and challenge detention.

This guide brings those rights together in one accessible resource, with practical information about what somebody can ask for while detained.

It includes:

The right to information about your legal status
Independent Mental Health Advocacy
Mental Health Tribunal applications
Legal representation and legal aid
Hospital managers and other discharge routes
Treatment, consent and second opinions
Communication and confidentiality
Family involvement
Section 17 leave
Reasonable adjustments and accessible communication
Complaints and safeguarding concerns
A practical rights checklist

A rights-focused resource designed to help people understand the safeguards that continue to apply while they are detained.

Space to Breathe Therapy